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: Illinois Medical Malpractice Blog

Illinois Supreme Court Makes Right Decision

By Steven M. Levin and John J. Perconti

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Lately, the media has focused on how many of this nation?s Supreme Courts are committing judicial activism. However, the recent decision by the Illinois Supreme Court is evidence that the Illinois Supreme Court can make ?non-activist? decisions. They did so by rightfully declaring that the 2005 cap on medical malpractice awards was unconstitutional. Not only does precedent require this decision, it also shows that the Supreme Court can make the right decision for Illinois. By declaring medical malpractice caps unconstitutional, they showed their commitment to patient?s rights. Families rely on court-determined compensation in order to rebuild their life after a devastating medical error. By instituting medical malpractice caps, the legislature tried to take away the judicial branches right to decide. Thankfully, the Illinois Supreme Court brought the decision back to the bench. To read more about the medical malpractice decision, please click the link.

Full post as published by Illinois Medical Malpractice Blog on February 09, 2010 (boomark / email).