A recent 4-3 decision by the Missouri Supreme Court overturned the proposed $350,000 cap on non-economic damages for medical malpractice cases in the state. This reaffirms an important constitutional right for Missourians, although some believe the decision puts doctors and hospitals more at risk of “financial jeopardy.”
One healthcare company stated that they fear the ruling will increase healthcare costs and may ultimately “drive physicians out of Missouri,” limiting access to high-quality care within Missouri. However, the Missouri Association of Trial Attorneys (MATA) has a different opinion. In a statement released on their website, MATA said that the ruling is a significant victory for “victims of catastrophic medical malpractice.”
When a doctor’s negligence leads to the serious injury or death of a patient, the lives of med mal victims and their families are often forever changed, with losses that can never truly be restored. Trying to place a limit on the amount of compensation that victims can receive comes dangerous close to violating the Constitution and the Bill of Rights. As researchers pointed out, the number of cases that reach or exceed $350,000 in non-economic damages are very small, but it is important to leave this amount open for the victims who need and deserve it.
If you have been seriously injured because of medical negligence, or if your loved one has been killed because of a medical mistake, please contact Kline & Specter today to schedule a free initial consultation with an experienced medical malpractice lawyer.