On Tuesday, July 31st the Missouri Supreme Court handed down a singularly significant decision holding that the legislature’s limitation or cap on medical malpractice jury decisions was unconstitutional because such law deprived an injured person of their “inviolate” constitutional right to a trial by jury. The right to a trial by jury in civil cases has been enshrined in our Missouri Constitution from its inception. This decision removes the strident $350,000 limitation or cap on non-economic damages that had been imposed by the legislature that had only applied in medical malpractice cases. Medical malpractice cases involve the negligence in the care and treatment rendered to patients by doctors, hospitals, and other heath care providers. Decisions heretofore permitting the limitation or cap are no longer to be followed. Included in the category of non-economic damages are pain, disability, disfigurement, and loss of enjoyment of life.
The Supreme Court decision was extremely well reasoned and once and for all put to an end the senseless limitations on recovery for grievously injured individuals who have lost their sight, or limbs, or suffered brain damage permanently by negligent or careless conduct.
Leave a Reply