Missouri Lawmakers Pursue Medical Malpractice Damage Caps

After the Missouri Supreme Court ruled that medical malpractice damage caps were unconstitutional, some of the state’s lawmakers are pursuing ways to reinstate those limits. Republican legislators and business groups want the medical malpractice damage caps reinstated on both civil injuries and on punitive damages. The lawmakers want to create a constitutional amendment that would limit noneconomic damages in medical malpractice lawsuits. The proposed amendment would go before the state’s voters for approval if it passes both the state’s House and Senate.

Court Strikes Down Medical Malpractice Damage Caps

In 2005, state legislators passed a law that placed a $500,000 medical malpractice damage cap on punitive damages. The 2005 law also lowered noneconomic damages in medical malpractice cases from $579,000 to $350,000. In 2012, the court ruled that the medical malpractice damage caps placed on noneconomic damages violated the state’s constitution. Last September, the state’s highest court struck down the provision that limited awards for punitive damages.

Senator: Without Medical Malpractice Damage Caps, State a “Judicial Hellhole”

Supporters of the constitutional amendment believe that legal limits on noneconomic damages would prevent increases in insurance premiums and health care costs, as well as encouraging doctors to practice in the state. Missouri Senate Majority Floor Leader Ron Richard told reporters that the state “will continue to be a judicial hellhole” if a constitutional amendment placing medical malpractice damage caps on awards is not put in place. Senator Richard has reportedly placed the amendment instituting medical malpractice damage caps at the top of his agenda for the upcoming legislative session in Jefferson City.

Lobbyist: Medical Malpractice Damage Caps Would Create “Common Ground”

A lobbyist for the state’s Chamber of Commerce also spoke out in favor of medical malpractice damage caps. Jay Atkins told reporters that businesses would also benefit from medical malpractice damage caps on punitive damages. He accused plaintiff’s attorneys of using the lack of limits on punitive damages “to line their own pockets.” Mr. Atkins also said that, if the measure to place limits on punitive damages were to pass, “maybe we could find some common ground” between plaintiff’s attorneys and business owners.

Source: Biloxi Sun-Herald

Get Answers For Your Questions About Medical Malpractice Damage Caps

To find out how we can help with a medical malpractice damage case, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to a medical malpractice damage attorney. You can also fill out the “Free Case Evaluation” form at the top of this page.