Lawmkers May Cap Malpractice Judgments

Posted by Warren Krech on February 27, 2014


The Missouri House has endorsed legislation attempting to reinstate limits on the amount of money people can receive from medical malpractice lawsuits.

The bill given initial approval Wednesday seeks to re-impose a $350,000 cap on noneconomic damages in medical practice cases.

The state Supreme Court struck down the limit in 2012, ruling that it violated a right to a jury trial that it said had been embedded in the Missouri Constitution since in 1820.

The legislation seeks to get around that ruling by declaring that medical practice claims are not covered through common law in place at the time the constitution was adopted. The bill would instead subject medical malpractice claims to state law.

The House passed a similar measure last year, but it stalled in the Senate.


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