Personal Injury Law

Missouri's personal injury damage cap to be challenged

By Ryan Bradley, Esq.

Arguments for lifting Missouri's noneconomic damage cap based on they claim it may be unconstitutional will be heard early in 2010. Currently, there is a $350,000 award limit in medical liability cases.

This challenge to the current system, put in place through a tort reform movement in 2005, comes on the heels of large medical malpractice verdict from 2008. In that case, James Klotz received a $1 million dollar jury verdict after complications from an operation to insert a pacemaker. His pacemaker became infected and he had to suffer through brain hemorrhages and the amputation of his right leg. His wife also had to quit her job in order to care for him. Due to the noneconomic damage cap on Missouri medical malpractice lawsuits, however, the amount of money Klotz would actually receive will be far less should the cap not be lifted.

Those in support of tort reform due so largely on the assumption that limiting damage awards will lower costs for doctors and insurance companies who will then pass the savings on to the consumer. Since the 2005 tort reforms in Missouri, though, these assumptions have only been proven half true. Some doctors claim their malpractice insurance premiums have dropped by as much as 25 percent and the average malpractice award has dropped overall. These changes have not benefited the average person, though, as health care costs for the consumer have continued to rise unchecked.

So unless the damage caps are eliminated, we will continue to have a system where awards are arbitrarily limited in order to save money for hospitals and insurance companies while the average person receives no financial benefit. Additionally, those like Mr. Klotz who are unfortunate enough to suffer a personal injury due to a medical error will not be protected and not receive the full compensation determined by a jury.

Similar results have also been seen in other tort reform states like Texas. The financial benefits promised by tort reformers are simply not there while legitimately suffering people are left without full compensation. It's time to let Missouri personal injury lawyers and the civil court system go back to doing their job of holding negligent medical institutions accountable.

Full post as published by Missouri Accident Lawyer Blog on December 26, 2009 (boomark / email).