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Personal Injury

Ruling on Med Mal Caps: Award Limits Unconstitutional

The Chicago Tribune today reports on the controversy over limits on medical malpractice awards in the article: Judge rejects medical suit caps, Cook County ruling calls award limits unconstitutional.

"Cook County Circuit Judge Diane Larsen decided that caps on malpractice awards violated the Illinois Constitution's "separation of powers" clause, in effect ruling that the legislature can't interfere with the right of juries and judges to determine fair damages. Her ruling falls in line with a 1997 Illinois Supreme Court decision that overturned a 1995 law implementing caps on personal-injury cases."

This one's not over though, defense lawyers will appeal the decision, which sends it on to the state Supreme Court.

From Medical Malpractice Law News posted 2007-11-14.