Topic:
Constitutional amendment to cap tort damages
(Madigan, D-Chicago) is a constitutional amendment for the ballot in the 2016 general election. It does the following: (1) caps punitive damages to three times the amount of compensatory damages awarded in the action or $50,000, whichever is greater. (2) Caps the total amount recoverable for an injury or death of the patient as a result of medical malpractice to $1.25 million. (3) Caps the liability of a health-care provider for medical malpractice to $250,000. (3) Caps the aggregate damages for the loss of society resulting from the wrongful death of an unmarried adult who has no dependents to $300,000. “Loss of society” includes affection, care, attention, companionship, comfort, guidance, and protection. Scheduled for hearing this Wednesday in House Judiciary Committee