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Louisiana teachers' union concerned about educators' future; Supreme Court hears arguments in Trump immunity case; court issues restraining order against fracking waste-storage facility; landmark NE agreement takes a proactive approach to CO2 pipeline risks.

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Speaker Johnson accuses demonstrating students of getting support from Hamas. TikTok says it'll challenge the ban. And the Supreme Court dives into the gray area between abortion and pregnancy healthcare, and into former President Trump's broad immunity claims.

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The urban-rural death divide is widening for working-age Americans, many home internet connections established for rural students during COVID have been broken, and a new federal rule aims to put the "public" back in public lands.

IL Supreme Court Throws Out Medical Malpractice Caps

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Friday, February 5, 2010   

SPRINGFIELD, Ill. - Medical groups and insurance companies believe a ruling yesterday by the state Supreme Court will prompt more malpractice suits, while the state's trial lawyers say it's a victory for patients. The Court ruled that the law capping non-economic damages in medical malpractice lawsuits is unconstitutional. The ruling comes in the case of Abigaile Lebron, a toddler who, because of complications at birth, is now permanently disabled. If the law had not been struck down, a jury would have had to limit non-economic damages to no more than $500,000.

While some say this is a victory for lawyers, Pete Flowers, president of the Illinois Trial Lawyers Association, says it's a victory for Abigaile.

"She won't be ever able to walk or talk. She eats through a tube in her stomach and she's in a wheelchair."

Flowers calls the ruling a victory for the Constitution.

"It's a victory for citizens of Illinois who have the rights their Constitution established, which are not going to be taken away because of some political argument that's occurring."

The American Hospital Association supported the law limiting awards, arguing it was written to address the rising costs of health care. Those who opposed the law say only one insurance company provided most of the medical malpractice coverage when the law took effect in 2005, and the lack of competition was responsible for rising costs. The ruling should have no impact on doctors' premiums, says Flowers, because the situation has changed.

"I don't think the premiums are going to go sky high because five or six or seven new insurance companies have come into Illinois. Now, you've already created this competitive environment."

Those who supported the law said it kept doctors from leaving Illinois because of the high costs of malpractice insurance. Flowers says there is no evidence of doctors leaving the state.





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