Legislators Looking To Reinstate Missouri Medical Malpractice Damage Caps
January 22, 2013
While there is currently no limit on money that can be awarded to injured victims for pain and suffering in Medical Malpractice cases, the state legislature is considering reinstating a $350,000 cap on such damages. The Republic discussed the move and how it could affect the medical industry throughout the state.
In 2005, the state legislature enacted the $350,000 cap in an effort to lower the number of Missouri medical malpractice claims that were filed. However, the Missouri Supreme Court later found that the law was unconstitutional on the grounds that every citizen has a right to a trial by jury and therefore, no law could be created that would prohibit a jury’s ability to weigh each case individually.
To circumvent this precedent-setting case, lawmakers are attempting to pass legislation that will change the common law right to sue for Missouri medical malpractice to a statutory right, which will allow for a different laws established by the legislature and new interpretations of those laws as well.
While opponents of the laws say these measures stifle the constitutional rights, supporters say it will only benefit the citizens of Missouri by bringing more medical industry to the state and lowering associated healthcare costs.
The St. Louis Personal Injury Lawyers with Cofman Townsley Injury Lawyers recognize how complex the state’s medical malpractice laws can be and suggest talking about your case with a qualified attorney if you have bee harmed while under a physician’s care.