Medical Malpractice Cap Issue Comes Before Missouri Supreme Court
The important issue of medical malpractice caps is before the Missouri Supreme Court. The state's high court will hear a constitutional challenge to the $350,000 award limit in medical liability cases. According to a news report, this case stems from a $1 million jury verdict in 2008 given to a man who experienced a brain hemorrhage and other complications after his pacemaker became infected. However, the judge ended up reducing the jury's $1 million award to $350,000 to match the state medical malpractice cap. The trial court rejected arguments from attorneys for the plaintiff that the cap and other reforms violated patients' equal protection and jury trial rights. The Missouri Supreme Court directly took on this man’s appeal of the ruling.
The 2005 state cap basically limits noneconomic damages such as pain and suffering to $350,000 in a medical malpractice claim. As Missouri personal injury attorneys who see the effects of medical negligence, we hope the Supreme Court in this case rules for the plaintiff. These caps, or limitations, are unfair to victims who have already suffered greatly due to another person’s negligence and reckless disregard for the well-being of others. It's only right that they get the justice and compensation they rightfully deserve.
The Missouri personal injury lawyers at Page Cagle will be closely monitoring this case. If you or a loved one has been the victim of negligence in Missouri, please get in touch with a St. Louis personal injury attorney at Page Cagle for a free consultation. We have the access to experts and resources which will aid in the strengthening of your personal injury claim. Call us today for a free consultation and to find out how we can help.
Source: http://www.ama-assn.org/amednews/2009/12/21/prse1225.htm
