The previous legislation Illinois put caps of $ 500,000 for non-economic damages filed against physicians and $ 1 million against hospitals. The Supreme Court of Illinois believe that the law was in violation of the constitution of States; specifically "separation of powers" clause of the Constitution which does not allow the court to determine damages in appropriate cases.
The Chicago Tribune notes that the overturned law could make future health care decisions quite dark. And threatens health care and reform of health insurance, who knows what the deciding factor will become yesterday.
Critics disagree with the decision because they cite data that shows the malpractice caps low cost maintained in recent years of health care. For example, before 05, the costs of health responsibility for health care providers insurance required climbing because of malpractice. The doctors have left Illinois because they could not afford insurance against malpractice. But since the law was enacted, the number of claims filed for malpractice fell - and believe it or not, so has the price of Illinois health insurance.
There is also apparently an emerging national trend - 11 of 30 states have already canceled by similar decisions The New York Times .
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