Posted On: November 16, 2007 by Christopher T. Hurley

Caps on Damages Unconstitutional for Victims of Malpractice

In a victory for victims of negligent medical care in Illinois, Circuit Court of Cook County Judge Diane Larsen, ruled that caps on damages for medical malpractice are not constitutional in Illinois. The case will now proceed to the Illinois Supreme Court where the justices will address the constitutionality of the caps. On two prior occasions The Illinois Supreme Court has ruled caps to be unconstitutional. A consistent ruling by the Supreme Court will mean that this law limiting the damages of the most severely injured victims will be rejected like those before it.