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: Medical Malpractice Law NewsRuling on Med Mal Caps: Award Limits Unconstitutional
By Mary R. Kennedy
"Cook County Circuit Judge Diane Larsen decided that caps on malpractice awards violated the Illinois Constitution's "separation of powers" clause, in effect ruling that the legislature can't interfere with the right of juries and judges to determine fair damages. Her ruling falls in line with a 1997 Illinois Supreme Court decision that overturned a 1995 law implementing caps on personal-injury cases."This one's not over though, defense lawyers will appeal the decision, which sends it on to the state Supreme Court.
Full post as published by Medical Malpractice Law News on November 14, 2007 (boomark / email).
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