IL judge throws out state's malpractice caps

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

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