The majority opinion held "[W]e necessarily consider...the legislature's goal in enacting the statue-responding to a health-care crisis. Our separation of powers analysis, however, does not stop there. The crux of our analysis is whether the statue unduly infringes upon the inherent power of the judiciary. Here, the legislature's attempt to limit...damages in medical malpractice actions runs afoul of the separation of powers clause."
The case before the court for debate was Lebron vs Gottlieb. In November 2006, Abilgaile Lebron was born to Frances Lebron. The complaint alleged Abigaile sustained permanent and irreversible injury during her birth as a direct result of actions and omissions of the defendant doctors including severe brain injury, cerebral palsy and cognitive mental impairment.
Four of the justices agreed with the opinion, two dissented in part and one took no part in the decision. The decision upheld a 2007 decision by a Cook County judge.
Read the entire opinion >>>
Jurors are trusted to award fair compensation for economic and noneconomic damages including pain and suffering. There are no statutory limits to the amount a jury may award. The ruling is a victory for those severely injured as the result of medical negligence.
If you or a loved one has been injured due to medical negligence, contact Dwyer & McDevitt for a free consultation.
1 comment:
Hi,
I just got your blog while searching for negligence blogs. I think the courts rule is totally correct about that. Medical negligence claims are on the rise despite the improving quality of healthcare. This may be because people are now more aware of their rights.
Medical negligence solicitors have the expertise and the legal experience necessary to determine the strength of the medical negligence case the victim is about to file. Medical negligence solicitors are able to evaluate the medical negligence case and are professionally capable of determining the strengths and the weaknesses of the Medical Negligence case.
Post a Comment