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

Missouri lawmakers plotting medical malpractice cap reinstatement

As 2013 winds down, Missouri lawmakers are laying plans for what they hope
to accomplish in the new year. For some legislators, a top priority is
to help protect the medical industry in cases of
medical malpractice, when patients are injured by a negligent doctor, nurse or hospital staff.

Missouri House Speaker Tim Jones has said creating limits on compensation
in medical malpractice lawsuits is a top priority in 2014.

Jones and like-minded lawmakers hope to put back in the place the $350,000
cap on noneconomic damages that was struck down by our state\’s Supreme
Court back in July of last year.

The court ruled at that time that the cap violated a right to seek damages
for medical malpractice; a right that predates the Missouri constitution
adopted in 1820.

The cap was designed to limit compensation for pain and suffering for victims
of doctor or hospital negligence. You might recall the widely reported
case that made its way to the high court in which a woman sued on behalf
of her son, who sustained severe brain injuries during his birth.

The jury decided the boy should receive $5 million, but that amount was
reduced by the cap-law to $350,000. However, the Supreme Court in striking
down the cap said the boy \”will receive the benefit of the jury\’s
award for future medical care.\”

Lawmakers hope to get around the court\’s ruling in that case by doing
away with the common-law right and making medical malpractice lawsuits
subject to Missouri law.

A similar effort to protect the medical industry came to a standstill in
the Senate earlier this year.

For those harmed by a negligent doctor, an experienced medical malpractice
attorney can help victims pursue full and fair compensation for damages.

Source: Kansas City Star,
\”Missouri lawmakers will try to limit medical lawsuits,\” Dec. 16, 2013

Articles

Missouri lawmakers attempt to resurrect malpractice cap

When you go to a physician, you expect that they will use their best efforts to treat your condition. Unfortunately, many physicians fall short of this standard and commit medical malpractice, which sometimes results in patient injuries (or death in some cases). When this happens, you would expect that the law would allow you to seek compensation for your injuries from the physician. However, if some Missouri lawmakers have their

Firm News

What Sets Us Apart

If you are reading this, most likely you or a loved one have suffered a serious personal injury and need an experienced team of lawyers who can give you the advice and assistance that you need. But your internet search has taken you to a barrage of very slick web sites created by highly paid advertising companies, and you need help sorting through all of them. This blog will try

Medical Malpractice

If Nobody is Held Accountable, How do Things Change?

Recent $3M+ Verdict Holds CoxHealth Accountable. When one-year-old Kyler George woke the morning of June 5, 2017, his mother, Kassie McAtee, thought he seemed unwell. He looked pale, felt cold and clammy, and seemed lethargic. Kassie brought Kyler to the Urgent Care at CoxHealth Branson Hospital, where he was seen by physician assistant Hollis Smith. Without undergoing a complete examination, Kyler was diagnosed with an ear infection and sent home.

Contact Us.

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