A lawsuit filed last week alleges that the Illinois medical malpractice cap on non-economic damages is unconstitutional. The suit involves a Chicago baby who was born with birth injuries caused by a botched labor and delivery. 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.
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