Illinois Medical Malpractice Blog

Cook County Judge Diane Larsen ruled on Tuesday that the Illinois laws that cap recovery for non-economic damages in medical malpractice cases are unconstitutional. The laws, which limited awards for non-economic damages, such as pain and suffering, mental anguish, and disfigurement, were stricken as a violation of the Illinois Constitution’s separation of powers requirement. Because the caps on was improperly taking the award decision out of the hands of juries and putting it into the hand of legislators, Judge Larsen ruled that the law was an improper exercise of State legislative power.

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