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Medical malpractice pain and suffering caps challenged in Cook County court

A medical malpractice lawsuit involving a botched delivery resulting in brain damage to the newborn has been brought in front of a Cook County, Illinois judge. This lawsuit is significant in the state of Illinois. The baby’s attorney is claiming that the caps placed on medical malpractice lawsuits for pain and suffering ($500,000 for doctors, $1,000,000 for hospitals) are not sufficient in a case such as this one. The law imposing caps on pain and suffering awards was signed into law two years ago. The law was in response to increasing medical malpractice insurance rates for doctors. Although the solution was based on the caps, insurance rates have been stabilizing or falling even though most cases affected by the law have not yet reached a verdict or settlement. This case will face a long appeals process regardless of the ruling in the Cook County court. The baby’s lawyers will aim to prove the unconstitutionality of this law by proving that in an instance like this, when a child is unnecessarily and permanently brain damaged due to a preventable medical mistake, the caps do not offer fair compensation.

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