Park, supra, slip op. at 8)7
In essence the
court stated that a wealthy hedge fund manager who suffered traumatic injuries but could prove $100 million dollars of lost wage damages would be treated far differently than a poor, unemployed, elderly person or homemaker who have little earnings and whose recovery, if they become quadriplegic because of malpractice, would be limited. Finally, an analysis of the extensive case
law in Illinois is important because the Illinois Courts have struck down legisla- tion involving non-economic damage caps as unconstitutional on three occa- sions. However, the Illinois legislature re-enacted a new cap which was also struck down by a Circuit Court judge. The healthcare providers appeal is now pending in the Illinois Supreme Court. Initially, the Illinois Supreme Court
in Grace v. Howlett, 51 Ill.2d 478, 509, 283 N.E.2d 474 (1972) invalidated, as impermissible special legislation, a cap limiting non-economic damages to a certain multiple of medical expenses in certain auto accident cases. Thereafter, in 1976, the Illinois Supreme Court in Wright v. Central Du Page Hospital Assn., 63 Ill. 2d 313, 347 N.E. 2d 736 (1976) followed Grace and held that a $500,000 damages cap in medical mal- practice cases was unconstitutional as it was violative of the special legislation clause of the Illinois constitution. Next, the Illinois Supreme Court followed Grace and Wright and held in Best v. Taylor Works, 179 Ill. 2d 367, 689 N.E. 2d 1057 (1997) that a $500,000 cap on non-economic damages in certain kinds of tort cases, including medical malpractice cases was unconstitutional on the basis of both separation of pow- ers grounds and that the legislation was unconstitutional special legislation. Nonetheless, the Illinois legislature
enacted another cap on non-economic damages placing a $500,000 cap on non-economic damages in medical malpractice cases against a physician or any other health care professional and a
7
Park was settled before it was decided by the Georgia Supreme Court.
Winter 2009 Trial Reporter
$1 million dollar cap on non-economic damages that may be awarded against a hospital, its personnel or affiliates. 735 ILCS5/2-1706.5(a). Recently, the Circuit Court of Cook County in Lebron v. Gottlieb Memorial Hospital,
et.al., held the latest damages cap unconstitutional again following Wright and Best. Lebron is currently pending before the Illinois Supreme Court, Lebron v. Gottlieb Memorial Hospital, Nos. 105741 and 105745 (Il. Sup. Ct. 2008). The Plaintiff/Appellees in Lebron are making the same arguments as in Wright
and Best, that the statute is unconstitu- tional for numerous reasons: 1) It violates the separation of pow-
ers clause of the Illinois constitution because it is “a legislative remittitur” (Brief of Appellees in Lebron at 1); 2) It violates the special legislation
clause of the Illinois constitution be- cause it “arbitrarily confers special benefits and exclusive privileges, while arbitrarily imposing special burdens on a specific group: the most seriously injured victims of medical malpractice.” (Id.);
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At the offices of Dr. Jeffrey D. Gaber & Associates, we have extensive
experience in treating personal injury and workers’ compensation cases. Injured patients can be seen on the same day as your phone call! We perform Independent Medical Evaluations (IME’s) for orthopedic or other medical problems, and have particular expertise in comprehensive Subsequent Injury Fund (SIF) evaluations. For the convenience of your client, we offer physical therapy services. And what’s better – we don’t have voice mail. When you call us, our staff will
personally welcome you and will be immediately available to schedule your client. Simply call 410.986.0048 for an appointment.
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Dr. Gaber is an Assistant Professor, with affiliation at Mercy Medical Center, and has qualified as an expert in the field of medicine in all courts in Maryland.
www.DrGaber.com 51
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