Illinois Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
All Medical Malpractice Cases
Statutory Reference
735 ILCS 5/2-1706.5 (Ruled unconstitutional)
No statutory cap on noneconomic damages in Illinois. The Illinois Supreme Court struck down caps on noneconomic damages in 2010 (Lebron v. Gottlieb Memorial Hospital), ruling they violate the separation of powers clause of the state constitution.
Frequently Asked Questions
Does Illinois cap medical malpractice damages?
No. Illinois does not cap economic or noneconomic damages. The previous $500,000/$1,000,000 caps were struck down by the state Supreme Court in 2010.
Are punitive damages allowed in Illinois medical malpractice cases?
Under 735 ILCS 5/2-1115, punitive damages are generally strictly prohibited in healing art malpractice cases in Illinois.
What can a plaintiff recover in Illinois?
Plaintiffs can recover fully uncapped economic damages and uncapped noneconomic damages.
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