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A judge in Illinois deemed unconstitutional a 1995 state law that placed limits on jury awards in medical malpractice cases. Because the law was judged unconstitutional, any appeals filed will go directly to the U.S. Supreme Court.
Under the 1995 law, non-economic damages—such as those for pain and suffering—were capped at $500,000 in cases involving individual physicians and $1 million for hospitals.
Opposing Viewpoints
Proponents of the law, which include healthcare providers, insurance companies, and doctors, argue that large jury verdicts drive up the cost of medical malpractice insurance coverage and force some doctors out of business.
However, lawyers for medical malpractice victims and consumer advocacy groups oppose the caps, claiming that they strip patients of their right to seek a legal remedy for their losses and suffering.
The Ruling
Three lawsuits challenging the constitutionality of caps on jury awards were consolidated into a single lawsuit heard by Cook County Judge Diane Larsen. She ruled that limiting awards is unconstitutional because it violates the separation of legislative and judicial powers.
The ruling, in effect, states that the legislature cannot obstruct the rights of judges and juries to determine fair compensation in medical malpractice cases.
Defense attorneys said they plan to appeal the ruling.
(Source: Chicago Tribune online)
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