Medical Negligence- Malpractice-Caps-Limitations

Here we go again— but wait, it is even worse!  Since our Missouri Supreme Court eliminated caps in injury malpractice cases, the insurance industry and its powerful allies in the Missouri legislature are presenting a bill to pass into law, a bill to eliminate entirely medical malpractice claims from the common law, but to instead, create a new legislative cause of action so that the legislature can then, on behalf of the medical profession, mandate whatever limitations on an injured person’s claim that they deem appropriate.  This proposed legislation is in direct conflict and a deviation from our historical system of jurisprudence, wherein this category of case always has been a part of the common law of our legal system, and the legislature has never been constitutionally permitted to interfere, because it is a basic violation of the separation of powers.  Even if there were judicial and constitutional precedent for this type of legislative action, it would be further unconstitutional for being “special legislation”, a denial of equal protection, a denial of our constitution’s “open courts” provision and most importantly a denial of the inviolate constitutional right to a trial by jury.
Whatever one’s stance might be with regard to the pursuit of legitimate medical negligence malpractice cases, such a law would be a profound deviation and exception to constitutional authority.  it is suggested that this legislation threat is undoubtedly a ploy to reenter a negotiation for reinstating caps on damages in a “trade off” for the legislature’s pursuit of complete obliteration of medical negligence-malpractice injury litigation.  Stay tuned!