Medical Malpractice Law Struck Down by Illinois Supreme Court
Illinois Supreme Court

On Thursday, the Illinois Supreme Court struck down the medical malpractice law of the state, all the while stressing that imposing limits on the damages which are awarded to victims of medical negligence is an "unconstitutional" act.

The eagerly awaited and much-anticipated ruling has come as a blow to doctors and hospital officials who assert that capping damages is a way to keep a check on the rising cost of healthcare.

In 2005, state lawmakers had passed the legislation, which was awarded signature by the then Governor Rod Blagojevich, under which, limits were established on the "pain and suffering" and other such non-economic damages of $500,000 in cases which were registered against doctors and $1 Million against different hospitals and medical facilities.

Illinois followed other states, like California, which opted to cap the damages awarded. But the state’s Supreme Court has now ruled against the law, which means that the practice would not be prevalent anymore.

"That 'everybody is doing it', is hardly a litmus test for the constitutionality of the statute", wrote Chief Justice Thomas Fitzgerald.

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