Illinois Supreme Court says medical malpractice caps unconstitutional
CHICAGO — The Illinois Supreme Court says limiting damage amounts in medical malpractice cases violates the state’s Constitution.
In an opinion filed today, the court says such caps violate the principle of separation of powers.
The court says the limits the Illinois General Assembly adopted in 2005 would infringe on the judicial branch’s power.
The caps were seen as a way to lower medial insurance rates blamed for driving doctors out of the state.
The measure limited what victims could collect for non-economic damages such as pain and suffering to $500,000 against doctors and $1 million against hospitals.
A Cook County judge ruled in 2007 that caps interfered with juries’ power to award appropriate damage awards for medical errors.
That sent the issue to the high court.
Read the original article from Herald & Review.
