November 21, 2017 Top Story

Tort Damages Caps Violate Equal Protection

Med-mal caps ignoring the severity of the injury serve no rational purpose

Stephen Carr

court struck down caps on noneconomic tort damages because the limits on recovery for injured plaintiffs violate the Equal Protection clause. State legislatures worried about the cost of tort litigation often turn to such caps to help keep down insurance rates. The state court found the law lacked a rational basis to any alleged medical-malpractice insurance crisis.

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