logo
Published on FierceHealthcare (http://www.fiercehealthcare.com)

IL judge throws out state's malpractice caps

By admin
Created Nov 14 2007 - 7:59am

An Illinois judge has ruled that the state's 2005 law limiting medical malpractice awards is unconstitutional, in a move likely to trigger a review by the state's Supreme Court. The law, which caps "non-economic" damages, sets award limits of $500,000 for individual doctors and $1 million for hospitals. However, Judge Diane Larsen has ruled that the caps violate the state constitution's required separation of powers between the judiciary and legislature. While no one can be certain, of course, it seems possible that the state Supreme Court will uphold her ruling, given that it has previously thrown out state laws limiting damages in negligence cases. However, while similar caps remain in place in more than 20 states, several have faced constitutional challenges as well.

To find out more about the case:
- read this Chicago Tribune piece [1]

Related Articles:
EMRs show promise in easing malpractice cost. Report [2]
PA medical malpractice claims dropping. Report [3]
Study: Hospital, MD malpractice claim size up. Report [4]
Illinois med mal law faces challenge. Report [5]
Senate bill could transform medical malpractice. Report [6]
Doctor's blog kills malpractice defense. Report [7]
Health courts draw industry attention. Report [8]
NC will limit some medical malpractice awards. Report [9]


Source URL:
http://www.fiercehealthcare.com/story/il-judge-throws-out-states-malpractice-caps/2007-11-14