The Medical Malpractice and Personal Injury Blog

Medical Malpractice Noneconomic Damage Caps Overturned in Missouri

Posted by Holly Haines on August 03, 2012

A 350,000 cap on noneconomic damages in medical malpractice lawsuits has been overturned in Missouri.  The Missouri high court issued its decision on July 31, 2012.

According to the website www.businessinsurance.com, "Writing for the majority, Chief Justice Richard Teitelman said in the ruling that “overturning erroneous precedent is particularly important where the precedent violates a constitutional right.”

Justice Teitelman said that removing a jury's ability to decide the amount of damages owed to an injured party is a violation of a citizen's “inviolable right” to a trial by jury for noneconomic medical malpractice damages.

“While this court always is hesitant to overturn precedent, it nonetheless has followed its obligation to do so where necessary to protect the constitutional rights of Missouri's citizens,” he said in the ruling

Holly Haines

Contact Holly Haines:
1-800-662-6230 or hhaines@arbd.com

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