Thursday, February 4, 2010

Illinois Supreme Court declares med mal cap unconstitutional

The Illinois Supreme Court has just published its eagerly awaited opinion in Lebron v Gottlieb Memorial Hospital. In it the Court affirms the lower court's finding that the statute that sets caps on non economic damages in medical malpractice cases is facially invalid under the Illinois Constitution. The Court said that the damage limitation violates the constitutional principle of separation of powers. The full opinion is available here. The Wall Street Journal Law Blog has a story on it here.

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