The Illinois Supreme Court has once again shot down a state law capping non-monetary damages in medical malpractice lawsuits, finding that such a statute violates the separation of powers between the judicial and legislative branches.
The high court said in the Thursday decision that the limit on non-monetary damages, such as those for pain and suffering, interferes with “the authority of the judicial branch to reduce verdicts.” While four justices backed the decision, two concurred in part and dissented in part, and one didn’t participate.
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