Medical malpractice lawsuit cap ruled unconstitutional

The $500,000 cap on medical malpractice lawsuit damages was ruled unconstitutional by an Appeals Court because it does not provide justice for victims. The $500,000 medical malpractice lawsuit cap was imposed in 1975. The maximum reward at that time would be worth only $160,000 today. The medical malpractice lawsuit is posed to be in front of the Louisiana Supreme Court soon.

In 1995, the Illinois state legislature passed a $500,000 cap on non-economic damages in Illinois medical malpractice lawsuits which, in 1997, was also held to be unconstitutional. In 2005, the Illinois legislature again passed a cap limiting the rights of citizens, limiting non-economic damages against an individual in Illinois medical malpractice lawsuits to $500,000 and non-economic damages against hospitals to $1 million.

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