Missouri Court Overturns $350,000 Medical Malpractice Lawsuit Cap
August 28, 2012
The Missouri Supreme Court reached a landmark decision earlier this month when it ruled to eliminate the $350,000 cap on non-economic damages that can be received from a Missouri medical malpractice claim. According to KSDK 5 News, the ruling overturns the failed 2005 law that aimed to improve medical care by lowering medical malpractice insurance premiums for Missouri doctors by limiting their liability.
The case stems from a lawsuit filed by the parents of a Springfield, Missouri, boy who was left permanently disabled because of a botched delivery when he was born. A jury awarded the family $5 million earlier this year as compensation for the 2006 incident; however, the decision was overturned and reduced to $350,000 based on the cap. Judges for the Supreme Court then later found in favor of the family again in the recent 4-3 decision, saying the cap, “… infringes on the jury’s constitutionally protected purpose of determining the amount of damages sustained by an injured party.”
Studies have shown good reason to overturn the 2005 tort reform law as data indicates the number of decisions in favor of plaintiffs in St. Louis medical malpractice cases has remained the same despite a decrease in the number of these lawsuits that are being filed.
The St. Louis personal injury lawyers with CofmanTownsley Attorneys at Law would like to invite anyone who has suffered from medical negligence to contact us for a free consultation today!