By: Caryn Tamber

This morning, the Illinois Supreme Court struck down that state’s law capping medical malpractice damages. This is notable in light of our own Court of Appeals’ decision last month not to interfere with the cap here. In the Maryland case, the issue was whether the cap on non-economic damages applies to cases not first submitted to arbitration.

According to the Chicago Tribune, the Illinois court was not bothered by the fact that other states have supported a cap. “That ‘everybody is doing it,’ is hardly a litmus test for the constitutionality of the statute,” the justices wrote.

There you have it: two states, similar issues, very different results.