In an effort to remedy the medical malpractice insurance crisis, a number of states have enacted caps on damages. These caps limit the amount a medical malpractice plaintiff can collect. When. challenged on constitutional grounds, some caps have survived attack while others have been struck down. This comment examines and categorizes the analyses used by state courts which have ruled on the constitutionality of caps on damages. Additionally, this comment suggests criteria which should be reviewed by state legislatures planning to adopt a cap, in an effort to insure that the cap will survive constitutional challenge.
College of Law
Northern Illinois University Law Review
Treviranus, Lisa A.
"Medical Malpractice: Constitutional Implications of a Cap on Damages,"
Northern Illinois University Law Review: Vol. 7:
1, Article 4.
Lisa A. Treviranus, Comment, Medical Malpractice: Constitutional Implications of a Cap on Damages, 7 N. Ill. U. L. Rev. 61 (1987).