On February 5, 2014, a Missouri House committee approved a $350,000 cap on non-economic damages in medical malpractice cases. A prior cap was declared unconstitutional by the Missouri Supreme Court in 2012. A similar bill to reinstate the cap stalled in the state Senate last year. The Saint Louis Post-Dispatch has the story.
This blog reported on a similar issue in Iowa, where the Governor was proposing non-economic damage caps in medical malpractice cases as a way to keep more doctors in the state. There are a number of problems with these proposals, one being that capping how much a jury can award a plaintiff infringes on the right to a jury trial of your peers, which includes the right to have a jury decide how much another person has harmed you. There are also studies indicating that malpractice insurance is not a significant concern driving doctors out of practice or preventing aspiring doctors from pursuing the profession.
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