Louisiana Redux: Another Louisiana Court Finds Medical Malpractice Damage Caps
Louisiana is busy fixing a broken system. This is proof that a bad law, a law that is contrary to the best of American constitutional principles, can be defeated in our justice system so long as you are patient. The law, on the books for 36 years, caps damages at $500,000 for the most catastrohically injured victims of medical neglect in Louisiana. Now, in the Oliver v. Magnolia Clinic case, the Third Circuit Court of Appeals has declared the law a violation of Louisiana’s constitution for multiple reasons, including a violation of the state’s equal protection clause. Now the Oliver case, involving a catastrohpically injured child who received a $6.3 million jury verdict that was reduced to $500,000 pursuant to the statute, heads to the Louisisana Supreme Court where it joins the Arrington matter. Will the Louisiana Supreme Court have the courage to set politics aside and rule on the merits and the constitutional principles? Let’s hope so. Catastrohpically injured children deserve justice in Louisiana like all citizens in all places. For a copy of the Oliver opinion, click here.