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MO justices overturn liability cap for medical malpractice cases

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Last Updated: 02-08-2022
Last Updated: 02-08-2022
Written by: Michael A. Rose and Gregory Hach

MO justices overturn liability cap for medical malpractice cases

Posted on Wednesday, August 1st, 2012 at 8:16 pm    

A 4-3 decision by Missouri Supreme Court justices on Tuesday overturned a 2005 law that capped non-economic damages in medical malpractice cases to $350,000. Patients injured by medical professionals can now be awarded unlimited amounts by juries.

The justices who voted to overturn the law claim it had violated the Missouri Constitution’s Bill of Rights for citizens to have the right of a trial by jury. Supporters of the court’s decision consider it an important victory for patients whose lives have been dramatically altered by medical malpractice.

Opponents argue that the price and availability of healthcare will be negatively affected. Others claim that, before the law was in place, many physicians left Missouri due to rising medical malpractice premiums.

If you or a loved one has been the victim of medical mistake, contact the experienced New York medical malpractice attorneys of Hach & Rose, LLP at (212) 779-0057 today.

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