In some states, non-economic damages are limited in a medical malpractice lawsuit to $500,000. Contrary to what lawmakers promised and despite this cap, physicians are still avoiding emergency on-call duty due to malpractice costs. The reason for the physician avoidance is because their insurance has not declined. Unfortunately, patients are feeling the effects.
Many cities with outstanding medical resources and top ranked trauma centers are consistently transferring their critically ill patients to smaller cities. At least two people have died as a result of delayed care! Hospitals routinely close their doors to medical emergencies, because of lack of intensive care beds or low staffing issues.
Once again, state experience proves that medical malpractice caps only really work to limit justice. Unfortunately, the Illinois legislature also passed a “tort reform” in 2005. Illinois currently limits non-economic damages in Illinois medical malpractice lawsuits against individual doctors to $500,000 and against hospitals to $1 million.
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