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
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by email at
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or 800.375.9508.