TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Friday, April 24, 2015

MO: Legislature Passes Med Mal Cap

In 2012, the Missouri Supreme Court struck down that state's med mal damage cap.  The legislature has passed a replacement, and it is now awaiting Governor Jay Nixon's decision whether to sign it.  In sum:

The bill, if signed into law, would place a $400,000 cap on noneconomic damage awards in medical malpractice cases. The cap would be raised to $700,000 for catastrophic and wrongful death cases. Both caps would then increase by 1.7 percent each year.

There is a catch to the law. A jury would still be able to award an amount greater than the allowed caps. If a motion is then made contesting the award, the trial court will determine whether the limitations apply in that case.

The St. Louis Business Journal has the story.

https://lawprofessors.typepad.com/tortsprof/2015/04/mo-legislature-passes-med-mal-cap.html

Legislation, Reforms, & Political News | Permalink

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