As mentioned here yesterday, a Cook County judge declared unconstitutional the two year old cap on non-economic damages. We believe that Judge Larsen, the presiding judge, made the right and the only decision she could. The Illinois Supreme Court has ruled twice before that caps on damage awards are unconstitutional. While we applaud this victory and wait anxiously to see how the Illinois Supreme Court will rule, what surprises me the most is how this decision is being portrayed in the media.
What is missing from the news stories about this decision is how caps and this decision affect victims of medical malpractice.
Caps on non-economic damages not only hurt innocent victims, especially injured children, women, seniors and low income workers, but caps also fundamentally change our civil justice system. When juries rule on how much a victim should receive for their lost quality of life, that amount should not be limited by arbitrary caps. CAPS ARE A ONE-SIZE-FITS-ALL SOLUTION FOR COMPLEX PROBLEMS.
The fact that compensation would be limited for a catastrophically injured child who will need care for the rest of his life and will never be able to go out and play, ride a bike, or even tie his own shoes, is sad and absurd. What most people don't understand is that economic damages are calculations of medical costs and loss of income. Most children don't have any income to lose. Also, the money awarded to care for a victim's medical problems goes right back into the medical industry. Non-economic damages give victims the money to allow a parent to stay home to care for their injured child, or for the special clothes to accommodate the diapers they will have to wear or to provide a little more comfort. The victim is the innocent party in all of this.
I feel that with this important issue, the media and public should know who this decision really benefits - the innocent victims.
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