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Damages Cap Unconstitutional

In Louisiana the cap on Medical Malpractice damages was set at $500,000 in 1975.  Well the Louisiana Supreme Court has recently ruled that that amount ($500,000) in not adequate anymore.  It is too low.

BATON ROUGE -- Louisiana's $500,000 cap on medical malpractice damages, set in 1975, is unconstitutional because it no longer provides an adequate remedy to patients, the 3rd Circuit Court of Appeal in Lake Charles has ruled in a 3-2 decision.

A $500,000 award would be worth about $160,000 today, the opinion, issued Wednesday, said. The court said evidence indicates the cap would have to be raised to $1.6 million or $1.7 million to provide the same protection as it did 31 years ago. 

"In either case, we find the current $500,000 cap fails to provide an adequate remedy to today's severely injured plaintiffs, and thus, is unconstitutional. ," the ruling says.

For the full story please see www.wwltv.com

Posted by David Austin on September 29, 2006 | Permalink


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This is wonderful news! People in Louisiana have been subjected to poor care because of the $500,000 cap. Physicians and hospitals have consider themselves untouchable. Already an obvious conflict of interest keeps most medical malpractice suits out of LA courts...with a jury of physicians determining if a case has merit. Of course these same physicians have to pay into the insurance company who covers the lawsuits. Total conflict of interest!

Posted by: Leeann | Nov 29, 2006 6:52:09 AM

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