The state of Missouri’s Supreme Court has declared a 2005 law that placed a limit on medical malpractice awards unconstitutional. The law set a hard cap on noneconomic compensation for victims of medical malpractice at $350,000.
The majority in the 4-3 decision declared the law unconstitutional for infringing on the state constitution’s “inviolable” right to jury trials, claiming the limit reduced a jury’s power to assess the facts and damages of a medical malpractice case.
The law was enacted to quell the rampant increases in the costs of malpractice insurance premiums that Missouri was experiencing at the time. The high cost of the insurance was causing many doctors to leave the state. Missouri has 20 percent more doctors now than it did ten years ago.
If you have been injured by the neglectful actions of a medical professional, contact the medical malpractice attorneys of Yearout & Traylor, P.C., at 205.414.8160.