Illinois is not one of the many states that have enacted non-economic damage caps on medical malpractice lawsuits. However, Illinois lawmakers have three times voted to enact such laws; each was found unconstitutional for a variety of reasons.
According to a paper completed by Rutgers Law School Professor Sabrina Safrin, caps on non-economic damages in medical malpractice cases have no effect on a procedure that’s among the most commonly undertaken in operating rooms across the United States: cesarean sections. “C-sections are arguably the poster child for so-called-defensive medicine,” the professor wrote in her paper.
C-sections involve cutting through a mother’s abdomen and uterine wall to remove the fetus. In many cesarean delivery cases, the fetus may have been observed to be in distress. By delivering an emergency C-section child, the purpose is preventing brain damage, cerebral palsy and other life-altering birth injuries.