The Advocate.com, "Malpractice cap outdated; Court rules 31-year-old limit not adequate remedy today"

Louisiana's $500,000 cap on medical malpractice damages, passed 31 years ago, is unconstitutional because it no longer provides "an adequate remedy" to patients, the 3rd Circuit Court of Appeal in Lake Charles ruled Wednesday in a 3-2 decision.

The $500,000 cap from 1975 is worth around $146,435 to $160,000 in today's dollars, according to evidence presented in the original case and an affidavit filed in 2003, the ruling says. The cap would have to be raised to $1.6 million or $1.7 million, based on figures presented during the original trial.

"In either case, we find the current $500,000 cap fails to provide an adequate remedy to today's severely injured plaintiffs, and thus, is unconstitutional," the ruling says. "Obviously, we're really disappointed by the ruling," said Sue Chopin, a spokeswoman for Lammico, the state's largest medical malpractice company. "Ultimately, what it's going to do is limit access to health care for Louisiana citizens."