Personal Injury Law

Illinois Malpractice Caps Ruled Unconstitutional

By Edward Bills

The Illinois law that placed caps on the amount awarded in a medical malpractice lawsuit was ruled unconstitutional by the state?s Supreme Court last week, the Chicago Tribune reported. The ruling is a huge blow to doctors and hospital officials who claim that malpractice limits are a way to keep health care costs from rising even further. The court said the law violates the state’s separation-of-powers clause between the branches of government by allowing lawmakers to interfere with a jury’s right to determine damages. Attorneys defending the law cited other states who the same legislation, but the justices said they were not swayed by the ?everyone else is doing it? idea

Full post as published by Bodily Injury Blog on February 08, 2010 (boomark / email).