Controversy Surrounds Missouri Medical Malpractice Cap Debate
March 4, 2014
For patients who are harmed as a result of Doctor or Hospital Negligence, a medical malpractice lawsuit may be the only way to collect compensation for damages, such as medical bills and lost wages; however, the Missouri lawmakers are seeking to reinstate limits on the amount these victims may be able to receive through such a suit.
The Missouri House of Representatives clearly supported a measure that would create a $350,000 limit on the noneconomic damages that can be awarded in a Missouri medical malpractice lawsuit. A similar cap was found to be unconstitutional by the Missouri Supreme Court in 2012.
KMOV 4 News says those who support the legislation say it keeps costs associated with medical malpractice insurance low and only regulates noneconomic damages, such as pain and suffering. Opponents of the legislation contend the rules will only prevent victims from being fairly compensated for the harm they were caused due to a professional’s mistakes or errors in care.
The Supreme Court decision stated each citizen of Missouri has a common law right to seek damages for medical malpractice claims and “any limit that restricts a jury’s fact-finding role violates the constitutional right to trial by jury.”
The St. Louis Personal Injury Lawyers with Cofman Townsley Injury Lawyers are aware of how confusing Missouri medical malpractice laws can be. That is why the firm suggests speaking with a reputable attorney about your legal rights if you have been harmed while under a physician’s care.