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98,000 Reasons to Remove Medical Malpractice Caps

Posted on March 16th, 2010 by The Firm

The Institute of Medicine has found that each year, there are over 98,000 deaths resulting from medical malpractice. There are generally two types of damages awarded in such cases – economic (medical bills, funeral expenses, lost wages from missed time at work) and non-economic (loss of companionship, pain and suffering). Many state legislatures have limited the amount of money these families can receive for non-economic damages. In other words, many states have essentially said that your loss of enjoyment of life, pain and suffering, or your loss of a spouse is only worth so much money.

Thankfully, the tide has turned in Illinois. Illinois medical malpractice victims are now allowed to seek full compensation for their clients as the Illinois Supreme Court has ruled non-economic damages in medical malpractice cases violates the Illinois Constitution. Under the old law, victims could be awarded no more than $500,000 in non-economic damages against doctors and $1 million against hospitals. Finally, Illinois juries will decide a plaintiff’s loss – not the legislature.

The State of Missouri continues to have a medical malpractice cap in place. In 2005, Missouri tort reform was passed which instituted a non-economic damage cap of $350,000, which is NOT adjusted for inflation. For insurance companies insuring medical providers who have committed negligence, the 2005 reform was music to their ears. They know that no matter how bad the act, no matter how severe the injury, their liability cannot be more than $350,000. We are pleased to report that on January 14, the Supreme Court heard the arguments from both sides regarding the constitutionality of the medical malpractice damage caps in Missouri. We hope to have good news to report soon.

To learn more or to discuss Medical Malpractice, contact Bob Rowland.