News and briefs: Missouri eliminates noneconomic damages cap

Ruling on an appeal from a plaintiff to have her full noneconomic damages award reinstated, The Supreme Court of Missouri struck down the state’s longstanding $350,000 cap on these payments. In its July 31 opinion, the court said Missouri law recognizes that a primary function of a jury is determining plaintiffs’ damages, reports amednews.com. Here is an expert from the ruling:

“Like any other type of damages, the amount of noneconomic damages is a fact that must be determined by the jury and is subject to the protections of state law. The individual right to trial by jury cannot ‘remain inviolate’ when an injured party is deprived of the jury’s constitutionally assigned role of determining damages according to the particular facts of the case.”

Some physician groups say the ruling will lead to more frivolous lawsuits and make physicians turn away from practicing medicine in Missouri, while patient advocate groups say the ruling is just and protects patients rights. According to amednews.com, physicians in Missouri asked the state’s General Assembly to make reinstating the cap a high priority in 2013.

To read comments from both sides, click here.