Illinois Supreme Court Delays Ruling on Medical Malpractice Damages Cap

The Illinois Supreme Court has delayed its ruling on a case regarding the constitutionality of a medical malpractice damages cap, according to a report by the Chicago Tribune.

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The Supreme Court did not provide a reason for the delayed opinion, according to the report.

Since 2005, Illinois has capped noneconomic damages for medical malpractice cases against physicians at $500,000 and hospitals at $1 million. The state had capped damages twice before, but both times, the caps were overturned by the state’s high court.

The case in question comes to the Supreme Court on an appeal from the Cook County Circuit Court. A circuit court judge ruled that it is unconstitutional for the state legislature to interfere with damages that are determined by judges and juries and that an interference violates the state constitution’s “separation of powers” clause, according to the report.

The state’s Supreme Court is not expected to issue any more opinions until mid-January.

Read the Chicago Tribune’s report on Illinois medical malpractice caps.

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