Suit Challenges Illinois Caps on Damage Awards

David Lowe
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Posted by David LoweNovember 21, 2006 4:31 PM

My colleague Jeffrey M.Goldberg, a nationally-renowned trial attorney who is an expert in birth injury cases, has filed a medical malpractice suit in Illinois on behalf of a child born with cerebral palsy and severe brain damage as the result of a mismanaged labor and delivery. The suit seeks fair compensation for the child and his family, but argues that fair compensation can only be provided if the Illinois courts declare unconstitutional the law passed by the Illinois legislature in August 2005 limiting pain, suffering, and disability awards in medical malpractice cases to $500,000 per doctor and $1 million per hospital.


Jeff Goldberg is an energetic and extremely effective advocate for victims of medical malpractice, and is a former president of the Trial Lawyers for Public Justice, a national law firm that specializes in precedent setting and socially significant litigation designed to secure a better society. I am sure that he will wage a strong fight in this important struggle to protect the rights of innocent victims to obtain fair compensation in the Illinois courts.

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KarlB
Posted by KarlB
January 09, 2007 12:06 PM

Your colleague of course is indirectly shooing quality medical providers away from the State of Illinois.

I say its about time we have a litigation malpractice trial. I'd say all practicing lawyers that mismanage a trial which results in an unfavorable outcome for their client be penalized by having the oppurtunity to be sued by one of their colleagues.

The insurance industry can then make a real killing.

David P. Lowe, Esq.
Posted by David P. Lowe, Esq.
January 10, 2007 5:28 PM

There is simply no statistical support for the assertion that doctors were fleeing the State of Illinois before damage caps were legislatively imposed, or that they would do so if a court finds those caps unconsitutitional.

Your suggestion that lawyers be held responsible for legal malpractice is the current state of the law. If the "mismanagement" you refer to is conduct that falls below the standard of care for an attorney handling a matter in litigation, and it causes a substantial loss to the client, the law will hold that attorney accountable for the client's loss. However, I simply don't follow your comment that "the insurance industry can then make a real killing from this." If the attorney is held liable, his legal malpractice insurance company will pay, not enjoy a "killing".

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