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Damage cap ruled unconstitutional in Missouri

Posted on August 6th, 2012 No Comments

The Missouri Supreme Court has overturned a cap on noneconomic damages in medical malpractice cases that has stood for the past two decades.  In a 4-3 decision, the members of the court determined that this cap prevented an individual from experiencing a fair trial by jury, which is a constitutional right.

The problem with the noneconomic damage cap came to light after a Missouri mother claimed it was unconstitutional. The woman was originally awarded $1.45 million in noneconomic damages after her child suffered fetal hypoxia at birth due to medical malpractice. The damage cap reduced that original amount to $350,000.

The Missouri Supreme Court agreed that this cap was unconstitutional. Now, the amount of noneconomic damages awarded in medical malpractice cases will be determined by jury, and there will not be a cap.

If  medical malpractice has left you or someone you know with an injury, please contact the malpractice lawyers of Chris Mayo Injury Lawyers by calling (210) 999-9999 today.

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