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Illinois Supreme Court: Medical Malpractice Caps Unconstitutional

CHICAGO – (AP) A divided Illinois Supreme Court ruled Feb. 4 that caps on some awards in medical malpractice cases violate the state's Constitution. Trial lawyers and consumer groups applauded the decision to strike down the caps, which limited awards for noneconomic damages, such as...

Missouri, Georgia Supreme Courts Rule On Challenges To Noneconomic Damages Caps

(Mealey’s) The Missouri Supreme Court on March 23 held that caps on noneconomic damages in medical malpractice cases cannot be applied to cases filed before a law setting the limits took effect in 2005; the ruling came a day after the Georgia Supreme Court declared that state’s caps unconstitutional...

How Your Elected Legislators Have Chiseled Away Your Legal Rights

By Keith Ecker, a reporter for Lawyers.com, www.lawyers.com/our-blog There is a battle being fought at the highest levels of government over your right to file a medical malpractice or defective drug lawsuit. On the one hand are pro-business groups that seek protection from crippling multi-million...

Anything Goes: Arguing for—and Against—Medical Malpractice Caps

Understanding cycles is important when making predictions. That’s true of weather events, but it can also apply to many political and legal issues. The debate surrounding caps on awards in medical malpractice cases, for example, seems to follow a normal ebb and flow. In states that have enacted...

Medical Malpractice Caps In Action: What’s A Discarded Kidney Worth?

Picture yourself in the hospital with life threatening renal disease. Doctors tell you that your brother is a perfect match for a kidney transplant. Picture yourself as the brother. You agree to donate a kidney to save your sister. You both go under anesthesia. When you wake up, you learn that the surgery...