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Missouri Supreme Court Holds Damage Caps in Medical Malpractice Cases Unconstitutional

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

 

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