In a three-two decision released today, the Third Circuit has ruled that the $500,000 cap on medical malpractice damages is unconstitutional as failing to provide an “adequate remedy” for plaintiffs as guaranteed under the provisions of La. Const. Art. 1, sec.22.
The opinion was written by Judge Elizabeth A. Pickett, with Judges Billy Ezell concurring in a written opinion and Judge Genovese concurring in the result.
Judge Sylvia Cooks wrote a dissenting opinion and Judge Oswald DeCuir concurred in the dissent of Judge Cooks.
For a copy of the opinion, see the Third Circuit website:
Arrington vs. E.R. Physicians Group, A PMC et al No. CA-04-01235
Taylor vs. Clement, No. CA-04-01069