Illinois Supreme Court Rules Medical Malpractice Cap Unconstitutional

By on February 05, 2010

Just yesterday, the Illinois Supreme Court overturned that state's medical malpractice "cap" because it limited compensation to injured persons.

Specifically, the Court ruled that the law violated the state Constitution's "separation of powers" clause, because it took away power that should rest solely with judges.

Eleven states now have abolished their medical malpractice caps. Patients in those states are now entitled to receive the full compensation that a judge or jury of their peers awards to them. In other states, including Virginia, the amount that a jury decides is fair compensation to an injured person is often automatically reduced by statute.

If you think Virginia should join states like Illinois in ending its restriction on a victim's right to recover, contact your delegate or state senator today.

If you or a loved one have been injured as a result of medical malpractice, contact an attorney at Williamson & Lavecchia to preserve your right to justice.

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