Trial lawyers are praising an Illinois Supreme Court ruling involving caps on some medical malpractice lawsuit awards.
Trial lawyers are praising an Illinois Supreme Court ruling involving caps on some medical malpractice lawsuit awards. A divided court Thursday ruled that limiting damage amounts in malpractice cases violates the state’s Constitution. Illinois Trial Lawyers Association President Peter Flowers applauds the decision and says it’s time to focus on meaningful insurance reform. The court ruled malpractice caps violate the principle of separation of powers because the limits Illinois lawmakers adopted in 2005 would infringe on the judicial branch’s power. In a partial dissent, Justice Lloyd Karmeier says it’s the court that is violating separation of powers by second-guessing the Legislature’s attempts to reduce health care costs. ___ The case is LeBron v. Gottlieb Memorial Hospital Copyright 2010 The Associated Press.
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