Monday, May 20, 2013
05.22.12 The Louisiana Supreme Court ruled today in Arrington v. Galen-Med Inc. The Court set aside and vacated the district court decision, citing the March 2012 La. Supreme Court ruling in the Oliver v. Magnolia Clinic case. The case is remanded back to the district court to reconsider its ruling. 
 
In the Oliver case, the La Supreme Court ruled in a 6-1 vote that the $500,000 cap in the medical malpractice act is constitutional. This decision reversed the Third Circuit Court of Appeals’ decision finding the cap unconstitutional. The Court noted that the effects of inflation in economic changes related to the cap are of no consequence. Additionally, the Court stated that once it is satisfied that legislation does not infringe upon constitutional rights, any perceived infirmity with the cap is to be addressed by the legislature. If you have any questions, please contact LSMS Director of Legal Affairs This e-mail address is being protected from spambots. You need JavaScript enabled to view it  by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 800.375.9508.

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