Malpractice Cap On Damages Overturned

Maryland Malpractice LawyerAn Illinois law that capped verdicts in medical malpractice case was recently  ruled unconstitutional by the Illinois Supreme Court. Doctors and hospitals are certainly disappointed in that ruling. Physicians claim that keeping caps on verdicts help reduce medical malpractice insurance premiums. Unfortunately for physicians, the facts do not justify that argument. The reasoning behind the decision was based upon a separation of powers theory. The court felt that lawmakers had interfered with the right of a jury to determine damages. Maryland also has a cap on medical malpractice damages. It has been found to be constitutional in Maryland. There is a sliding scale used to determine the cap in Maryland depending on when the injury occurred.