Missouri Supreme Court Hears Case To Remove Medical Malpractice Lawsuit Award Limits

The Missouri State Supreme Court heard arguments this week to overturn the state’s laws on medical malpractice lawsuit award limits. The case involves a family who had been awarded nearly $11 million in damages, including $9 million in non-economic damages, in a 2013 wrongful death suit against a St. Louis hospital. A few months later, the court lowered the amount of non-economic damages to $350,000, citing the state’s medical malpractice lawsuit award limits for such damages.

Details of the Medical Malpractice Lawsuit

The argument over medical malpractice lawsuit award limits stems from a case involving Sharon Dodson, who passed away in February 2011. Mrs. Dodson, 34, visited Mercy Hospital St. Louis to get a “routine catheterization” of one of her coronary arteries. During the procedure, the artery sustained serious damage, causing the inner lining of the artery to collapse. The damage led to a blockage in the blood supply to her heart. The family filed a medical malpractice lawsuit against the hospital and the surgeon, Dr. Robert P. Ferrara.

Arguments Over Medical Malpractice Lawsuit Award Limits

A 2012 decision by the Missouri State Supreme Court ruled that award limits in personal injury lawsuits were unconstitutional. The justices ruled that placing limits on damages violated the plaintiff’s rights to a jury trial. However, the decision did not directly address whether medical malpractice lawsuit award limits were unconstitutional. The attorneys for the Dodson family argue that the medical malpractice lawsuit award limits should be overturned based on the earlier decision. Attorneys for the hospital argued that the limits should stay in place, as the 2012 decision did not apply to wrongful death lawsuits.

Governor Signs Medical Malpractice Lawsuit Award Limits Law

The cases involving medical malpractice lawsuit award limits have taken on a political tone. Earlier this year, Republican Governor Jay Nixon signed legislation that would place some of the strictest medical malpractice lawsuit award limits in the country. The law would limit awards for non-economic damages to $400,000 in most cases. Non-economic damages for catastrophic cases would be limited to $700,000. The impact of the pending decision by the state supreme court has yet to be determined.

States Enact Medical Malpractice Lawsuit Award Limits Laws

Many states have enacted laws regarding medical malpractice lawsuit award limits. Legislators and other officials claim that these limits prevent frivolous lawsuits and control the amounts juries can award in medical malpractice cases. These officials are often approached by medical associations and insurance providers to enact these medical malpractice lawsuit award limits. Patient advocates argue that these limits are too restrictive and prevent medical malpractice victims and their families from gaining a full financial recovery from their injuries.

Sources: St. Louis Post-Dispatch
(1)
(2)

Get Answers For Your Medical Malpractice Lawsuit Questions

If you are a Texas medical malpractice victim, contact one of our attorneys today to find out how we help with your medical malpractice lawsuit. Our intake team will take down the details of your case and quickly connect you to an attorney who understands how to get the most from your medical malpractice lawsuit. You can also fill out the “Free Case Evaluation” form at the top of this page.

NOTE: This post is a news story and does not imply an endorsement of Arguello Law Firm by any of the parties mentioned herein.