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Med-mal damages cap violates state constitution (access required)

Published: February 8, 2010

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A cap on non-economic damages in medical malpractice cases violates the state constitution, the Illinois Supreme Court has ruled. The case involved an infant who suffered severe permanent injuries due to medical malpractice at her birth. The plaintiffs challenged the state's statutory cap on non-economic damages, arguing that the infant sustained disabilities that will "greatly exceed the ...
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