Noneconomic Damages in Illinois Medical Malpractice Lawsuits
Unlike economic damages, which victims can quantify based on actual costs relating to medical and other care, noneconomic damages are much harder to quantify. After all, no objective methods exist to assign a monetary value to emotional and other losses. Those who support capping the noneconomic damages that injured individuals and families can pursue argue that excessive awards raise insurance costs for medical professionals and health care costs for everyone. But others argue that no amount of money can fully compensate families for the toll medical negligence can take on families for a lifetime.
In 2005, Illinois lawmakers passed legislation that limited non-economic damages due to medical negligence, such as pain and suffering, to $500,000 for doctors and $1,000,000 for hospitals. But a team of dedicated Chicago medical malpractice lawyers challenged the constitutionality of this law, winning an important victory for victims of medical malpractice.