Now showing items 1-7 of 7

    • Addressing the Medical Malpractice Insurance Crisis: Alternatives to Damage Caps 

      Vine, Carrie Lynn (Northern Illinois University Law Review, 2006-05)
      This article examines the history of damage caps as a means of tort reform and their effect on past medical malpractice crises. The article then proposes alternative solutions for future reform. Statistical evidence is ...
    • The Fleecing of Seriously Injured Medical Malpractice Victims in Illinois 

      Perrecone, Frank A.; Fabiano, Lisa (Northern Illinois University Law Review, 2006-07)
      The Supreme Court of Illinois has twice held that caps on damages are unconstitutional. In 1976, the court held in Wright v. Central DuPage Hospital Association that a cap on damages in medical malpractice cases constitutes ...
    • The Inevitable Reevaluation of Best v. Taylor in Light of Illinois' Health Care Crisis 

      Lees, Carolyn Victoria J. (Northern Illinois University Law Review, 2005-05)
      In the 1997 Illinois Supreme Court decision of Best v. Taylor Machine Works, the court held that caps on non-compensatory damages violated the Illinois Constitution. However, in light of the current health care insurance ...
    • State Damage Caps and Separation of Powers 

      Parness, Jeffrey A. (2011)
      In 2010, the Illinois Supreme Court invalidated certain statutory caps on non-economic damages in medical cases because they “unduly” infringed “upon the inherent power of the judiciary.” Such judicial authority originated ...
    • Survey of Illinois Law: Statutory Damage Exclusions 

      Parness, Jeffrey A. (2014)
      The Illinois General Assembly may limit damages for certain claims by setting caps or by recognizing exclusions for certain or all damages via no duty or immunity statutes. Caps have been successfully challenged on separation ...
    • Things to do (or Not) to Address the Medical Malpractice Insurance Problem 

      Kionka, Edward J. (Northern Illinois University Law Review, 2006-07)
      The article begins with an overview of the tort reform problem; federal vs. state level reform; a history of tort reform in Illinois; current Illinois law (prior to P.A. 94-677) specific to medical malpractice cases or ...
    • Why Medical Malpractice Caps are Wrong 

      Salvi, Patrick A. (Northern Illinois University Law Review, 2006-07)
      In recent years, many states have passed legislation limiting the amount of recovery in medical malpractice cases. One primary purpose behind these caps is to lower medical malpractice insurance premiums. Unfortunately, ...