Illinois Supreme Court rules malpractice caps unconstitutional
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February 4, 2010
Springfield, Illinois: On February 4, 2010 the Illinois Supreme Court ruled that the state's medical malpractice law passed by the Illinois General Assembly in 2005 is unconstitutional.[1]
The ruling issued by the court found that the five year old law capping damages in medical malpractice lawsuits violates the separation of powers clause in the Illinois Constitution.[2] The malpractice caps limited damages against doctors to $500,000 and hospitals to $1 million.[1]
The ruling comes after a 2007 ruling in a Cook County Court that found malpractice caps would take away the jury's power in deliberating damages for malpractice cases. The Cook County ruling was the first step in asking the Illinois Supreme Court to rule on the law's constitutionality.[1]
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