Granted it is only a trial court ruling, but normally conservative Louisiana gave us some good news for a change. Judge Clayton Davis ruled that Louisiana’s cap on damages was unconstitutional.
“The fact that non-cap states and states with caps that limit only noneconomic damages can function without facing a medical insurance crisis or a crisis in medical care is compelling proof that Louisiana’s scheme, which admittedly discriminates only against the most severely injured victims of medical malpractice, is no longer the ‘reasonable alternative remedy’ our constitution requires.”
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