The Illinois AFL-CIO states that limited medical malpractice compensation places a burden on hard working Illinois families when they’re seeking retribution for medical negligence. The president of the Illinois AFL-CIO stated that workers and their families who suffer permanent physical damage or death because of medical negligence deserve their day in court where a jury of their peers can decide without limitations what the amount of damages should be. They support all efforts to challenge the 2005 Illinois medical malpractice caps.
In 2005, the Illinois legislature passed a cap on non-economic damages in Illinois medical malpractice lawsuits rather than leaving that determination up to a jury. Currently, non-economic damages in Illinois medical malpractice lawsuits are limited to $500,000 against individual doctors and $1 million against hospitals.