Category Archives: Uncategorized

Judge Rules Caps in Medical Malpractice Cases Unconstitutional

In 2005 an Illinois state law was passed that capped the monetary compensation a plaintiff could receive in a medical malpractice lawsuit. On Wednesday Judge Diane Larsen of the Cook County Circuit Court ruled that lawmakers could not impede the rights of judge and jury to decide fair compensation. Larsen determined that the caps were in violation of the “separation of powers” clause in the Illinois Constitution. In medical malpractice lawsuits there are economic damages and non-economic damages. Economic damages cover medical bills and money lost from missing work. Pain and suffering of the plaintiff is compensated under non-economic damages. The latter type was capped at $500,000 for doctors and $1 million for hospitals by the 2005 legislation. Many Texas citizens may remember an aggressive marketing during the 2003 election campaign in favor of Proposition 12. The messages sent by Governor Rick Perry and the Texas Medical Association in speeches,…
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Birth Trauma – Minor Injuries or Lifelong Effects?

When a child is physically injured during the birthing process it is called a birth injury or birth trauma. Identifying or detecting a birth injury may take time, depending on the type and severity of injury. Most birth injuries are minor and will heal naturally. However, some injuries can be far more serious and may cause lasting medical complications throughout the life of the child and into adulthood. Some of the more common birth injuries can include bruising of the child’s scalp and head, facial bruising caused by the use of forceps and blood vessel breakage in the child’s eyes. These injuries can be severe, although typically, they are not life threatening and heal naturally over time. Other injuries, however, can be far more severe and cause significant damage. Some of these injuries can include bone fractures and displacement, nerve damage and paralysis, and possibly even cerebral palsy. Cerebral palsy,…
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