Springfield, MO 417-222-4878
Joplin, MO 417-222-4878

Did Gov. Nixon hurt Missourians by signing SB 239?

Whether you\’re a follower of the news or a follower of our blog, chances
are good you\’ve heard about Senate Bill 239, which passed through
the Senate and House with majority approval just months ago. As we explained
in a March 11 post, the bill intended to put a cap on noneconomic damages
received in medical malpractice lawsuits. As of a few months ago, the
bill only needed the signature of Gov. Jay Nixon in order to become law.

For those who don\’t know, the pen fell on May 7 when Gov. Nixon signed
what many in Missouri considered an injustice to victims of medical malpractice.
That\’s because, as we pointed out in our post, the bill places a limit
on the value of a person\’s life, which is not something many believe
the government should be able to do.

So did Gov. Nixon hurt Missourians by signing SB 239? Some might argue
yes, particularly if we look at the compensation cap compared to actual
earning potential.

Let\’s consider for a moment the fact that the average American, according to the
United States Census Bureau, makes just under $52,000 a year. Assuming that an individual works 40
years, their lifetime earning potential could be more than $2 million.
This figure might be hard to swallow, especially considering the fact
that SB 239 caps noneconomic damages at only $400,000 for injuries and
$700,000 for catastrophic and fatal injuries.

Though we are only asking our Joplin readers to consider the question above,
we do hope it\’s one our lawmakers will consider as well. After all,
there must have been a reason why the Missouri Supreme Court overturned
the cap three years ago.

Sources: The St. Louis Business Journal, \”Medical malpractice cap passes Missouri Legislature,\” Corey Noles, April 22, 2015

Senate.mo.gov, \”SB 239,\” Accessed July 21, 2015

Medical Malpractice

Communication about medical errors and medical malpractice litigation, P.2

In our last post, we mentioned recent research from ProPublica showing that failure to communicate about medical errors is a common occurrence, despite the fact that better communication from providers and facilities can help reduce medical malpractice costs. One good example of this is the so-called “Michigan Model,” an approach used by the University of Michigan Health System. The model is essentially a communication and resolution program which was adopted

Firm News

Attorney Roger Johnson Honored by Best Lawyers in America

Attorney Roger Alan Johnson of Johnson, Vorhees & Martucci has been selected for inclusion in the 23rd Edition of The Best Lawyers in America© in the practice areas of Medical Malpractice Law: Plaintiffs, Personal Injury Litigation: Plaintiffs, and Product Liability Litigation: Plaintiffs! This marks the second time Attorney Johnson has been honored by the organization, having earned a 2015 Plaintiff’s “Lawyer of the Year” award among Springfield Malpractice attorneys. Best

Medical Malpractice

Jury: woman to receive $25.3 million in medical malpractice case

Sometimes a headline like the one above this blog post is misunderstood. People can see the dollar amount and think that the person has received a windfall, like winning the lottery. Of course, the reality is far different. The 53-year-old woman in this medical malpractice case lost all four of her limbs; both arms, both legs. All four were amputated because an undetected infection led to septic shock, which caused

Contact Us.

    Submitting the form is not necessarily establishing an attorney-client relationship