Missouri reinstates malpractice caps

The Missouri Senate gave initial approval last week to a measure reinstating limits on noneconomic damages in medical malpractice cases. Lower caps were overturned by the Missouri Supreme Court three years ago. A compromise among lawmakers provides different limits for different levels of injury and raises an existing cap when a patient dies from medical malpractice.

In most cases, a cap of $400,000 would apply. More serious “catastrophic” injuries defined in the bill—including paralysis, brain injury, or a loss of vision would be capped at $700,000. The bill also raises an existing $350,000 cap on noneconomic damages in wrongful death cases to $700,000. Limits apply only to noneconomic damages and would not apply to other damages such as lost wages or medical costs resulting from negligence by a healthcare worker.

Opponents have previously said caps harm patients who have already been injured by the actions of a physician, limiting their ability to get restitution.

Source: Associated Press, The Telegraph/Macon.com