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Missouri Medical Malpractice Caps on Lawsuits Only Hurt Victims

Posted on December 8th, 2009 by The Firm

The St. Louis Post Dispatch recently printed an article discussing the medical malpractice caps in Missouri.  In August 2005, the Missouri lawmakers decided to cap awards for non‑economic damages in medical malpractice cases at $350,000.00 total for all defendants. Prior to this law passing Missouri already had medical malpractice caps at approximately $545,000.00 per defendant and the cap was adjusted for inflation.  The new cap has no inflation adjustment.

This means if your physician carelessly injuries you, he and his insurance company are protected ‑ they only have to pay $350,000 for your pain and suffering.  Doctors and insurers argued this law was necessary because insurance rates continue to rise.  As attorneys for injury victims, we think this law is detrimental to the health system as a whole.  If you make an error and injure someone on a roadway, your liability is not capped.  Doctors need to be held responsible for their careless conduct just as the rest of the public is held responsible.  The insurance companies make up a billion‑dollar industry that does not need protection.

To learn more about Medical Malpractice, contact Bob Rowland.

You can read the full article here.