Posted On: November 14, 2007
Illinois Medical Malpractice Damage Caps Found to Be Unconstitutional
A few months ago, I wrote about an upcoming review in Cook County on the constitutionality of medical malpractice caps. Yesterday, an Illinois trial judge found medical malpractice caps are unconstitutional, reversing a 2005 law capping damages in medical malpractice cases. The trial judge found that a cap on medical malpractice damages violates Illinois Constitution's separation of powers between the legislature and judiciary.
The battle is far from over - this is a trial judge making the call. But it is still good news for medical malpractice victims in Illinois.
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