Missouri Supreme Court Considers Challenge to Medical Malpractice Damages Caps
Recently, the Missouri Supreme Court heard arguments in a case that challenges a 2005 state law capping the amount of non-economic damages for things like pain and suffering, mental anguish, and loss of the ability to fully enjoy life in medical malpractice cases at $350,000. The Court is expected to give a written opinion in the case in the coming months.
The case argued before the state Supreme Court involved a child, now five, who suffered severe brain injuries at birth. The baby suffered cerebral palsy and other brain damage, which the family argued was caused by the negligence of his doctor during his birth.
Last year, a jury in Greene County decided the child should receive nearly $5 million in damages, including nearly $1.4 million in non-economic damages for his suffering and the severe disabilities caused by his birth injuries. However, the family may only receive $350,000 of that $1.4 million due to Missouri’s damages caps. The family’s argument to the state Supreme Court is that the cap violates both the right to trial by jury and the right to equal protection, since in a similar case not involving medical personnel, the jury’s original verdict would have been upheld.
Even mild birth injuries can cause permanent impairments that will affect a child for his or her entire life. Severe birth injuries can lead to lifelong severe disabilities or even death. If you or someone you love has been injured during a birth, call the aggressive St. Louis personal injury attorneys at Page Law today. We will help you figure out what happened and hold any negligent parties accountable for the harm their actions have caused. For a free consultation, call Page Law at (314) 322-8515 today.