CHICAGO, Nov. 14 A judge in Illinois has ruled that a law capping non-economic damages in medical malpractice cases is unconstitutional.
Circuit Court Judge Diane Larsen found that the law, approved two years ago, violates the separation-of-powers clause in the state constitution because the legislature interfered with the work of juries, Crain's Chicago Business reported.
Under the law, plaintiffs could be awarded no more than $500,000 in non-economic damages for doctors and $1 million for hospitals. The law did not apply to lost wages and other economic losses but to pain and suffering.
The decision is expected to be appealed to the Illinois Supreme Court.
The Illinois Hospital Association said the law is necessary to keep medical costs under control.
The law was appealed as part of a lawsuit on behalf of a baby who suffered permanent brain damage during delivery at a Chicago-area hospital. The suit has not yet gone to trial.
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