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Posted On: December 11, 2008 by Donald W. Fohrman

Illinois High Court hears challenge to state medical liability caps

The Illinois State Supreme Court will decide on a ruling by a trial judge in 2007 which invalidated the state's caps on non-economic jury awards to $500,000 for physicians and $1million for hospitals.

The Supreme Court justices heard oral arguments on November 13 in a consitutional challenge of the 2005 law.

According to the Illinois Trial Lawyers Association, the "one-size-fits-all" cap is unfair to patients who suffered from injury due to the malpractice of a doctor or a hospital.

Limits in medical malpractice cases and personal injury cases were thrown out in 1997 and 1976.

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