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BREAKING NEWS: Missouri Supreme Court Finds Medical Malpractice Caps Unconstitutional

BREAKING NEWS: Missouri Supreme Court Finds Medical Malpractice Caps Unconstitutional

Meyerkord and Meyerkord, LLC: A Legacy of Legal Innovation

BREAKING NEWS: Missouri Supreme Court Finds Medical Malpractice Caps Unconstitutional

http://www.courts.mo.gov/file.jsp?id=55761

The Missouri Supreme Court has considered and rejected the constitutionality of Missouri's steep statutory limits on medical malpractice awards. The Court has found that these caps deny crucial compensation to victims of medical negligence and are unconstitutional.

In 2005, the state of Missouri adopted a law limiting medical malpractice awards to $350,000 for non-economic damages, regardless of the number of defendants involved in the case. Non-economic damages are those which are awarded in addition to the actual cost of injury and litigation fees in personal injury cases. On July 31, 2012 the Missouri Supreme Court held that section 538.210 violates the article I, section 22(a) right to a trial by jury and flowing from this decision the right to a jury determination of damages. This has created the overall effect of reversing section 538.210 to the extent that it caps non-economic damages.

See below for the Missouri Supreme Court's en banc analysis in:

Deborah Watts as Next Friend for Naython Kayne Watts

vs.

Lester E. Cox Medical Centers d/b/a

Family Medical Care Center, Lester E.

Cox Medical Centers

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