Day on Torts
AAJ received good news today regarding a case that was argued in the 14th Judicial District Court of Louisiana by the Center for Constitutional Litigation and Louisiana lawyer Oliver Schrumpf. CCL has worked on the case (Arrington v. Galen-Med, Inc.) for about four years, with support from AAJ and the Louisiana Association for Justice.
The court declared Louisiana’s $500,000 cap on all damages in medical malpractice cases unconstitutional as a violation of the state constitution’s equal protection and adequate remedy guarantees. The Louisiana cap is the most severe cap in the United States.
The court also found that there was no correlation between medical malpractice lawsuits and any crisis in insurance for doctors or the availability and affordability of health care.
The case now moves directly to the Louisiana Supreme Court. To read the full order click here.