Lebron v. Gottlieb and Noneconomic Damages for Medical Malpractice Liability: Closing the Door on Caps, but Opening It to New Possibilities

Authors

Jacquelyn M. Hill

Abstract

In Lebron v. Gottlieb, decided in February of 2010, the Illinois Supreme Court struck down Public Act 94-677, finding that its cap on noneconomic damages violated the Illinois Constitution's separation of powers clause. The Court primarily relied upon the remittitur doctrine to come to its conclusion. This case comment addresses the Lebron decision and its rationale, particularly its focus on the remittitur doctrine. Additionally, this comment addresses the following concepts: 1) the background and history of attempts to limit common law liability in tort law in Illinois; 2) other jurisdictions' responses to statutory caps; 3) the Lebron majority's distinctions regarding the General Assembly; and 4) alternatives to the tort system of medical malpractice liability which might receive more attention after Lebron.

Recommended Citation

Jacquelyn M. Hill, Lebron v. Gottlieb and Noneconomic Damages for Medical Malpractice Liability: Closing the Door on Caps, but Opening It to New Possibilities, 87 Chi.-Kent L. Rev. 637 (2012).
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol87/iss2/16