Posted on Jul 31, 2012

On July 31, 2012, the Missouri Supreme Court held that the Missouri law which places a cap on non-economic damages that can be assessed in a medical malpractice cases  is unconstitutional.  Section 538.210 RSMo. places a $350,000 cap on non-economic damages in a medical malpractice trial.  For instance, if a jury found that a victim of malpractice sustained non-economic damages in the amount of $1 million, the court would be required to reduce that verdict to $350,000.  The Supreme Court of Missouri has held, in a landmark decision, that this provision of the law violates a victim's constitutional right to trial by jury.  This very important decision can be read here:  http://www.courts.mo.gov/file.jsp?id=55761

 

Jill S. Bollwerk
Helping St. Louis area residents with personal injury, workers' compensation & insurance appeals/disputes.