Illinois Supreme Court Strikes Down Medical Malpractice Law

Last Thursday, the Illinois Supreme Court struck down a state law that imposes limits on recovery in medical malpractice cases. By a 4 to 3 vote, the court ruled that the law violated separation of powers by invading the right of the jury to determine damages. The decision has some indirect bearing on the national debate over health care reform, since President Obama and the congressional Democrats have signaled that they may be willing to compromise with Republicans who are seeking a cap on medical malpractice liability as part of any comprehensive health care reform bill. A Chicago Tribune story about the case may be found here, and the full text of the decision is here.