This summer, the Missouri Supreme Court overturned a 2005 state law that placed a $350,000 cap on non-economic damages in cases of medical malpractice.
At trial, the jury awarded $1.45 million in non-economic damages to the plaintiff for her son’s brain disabilities caused by medical malpractice. But the judge reduced this amount to $350,000 in accordance with the law. The plaintiff appealed, however, claiming that her right to a jury trial, as guaranteed by the state Constitution, was violated.
The Missouri Supreme Court agreed with the plaintiff by saying that the cap violated Article I, Section 22(a) of the Missouri Constitution, which states that “the right of trial by jury as heretofore enjoyed shall remain inviolate.”
Commentators have agreed with the state court’s ruling, noting that medical negligence claims existed when the Missouri Constitution was adopted.
We trust our medical professionals with our health and our lives. Although most interactions with medical professionals are beneficial or even life saving to a patient, medical mistakes can cause permanent personal injuries and sometimes even wrongful death. If you have suffered personal injuries as a result of a medical mistake, call our Boston, MA medical malpractice lawyers, Massachusetts wrongful death attorneys or Boston personal injury lawyers 24/7 at 617-787-3700.
Our team of Boston, Massachusetts medical malpractice lawyers, Boston, MA personal injury lawyers and Boston, MA wrongful death lawyer advocates are known nationally as expert advocates in cases of medical malpractice. Let our Boston, MA lawyers help you in your medical malpractice claim.
Contact our expert Massachusetts attorneys immediately at 617-787-3700 or at info@gilhoylaw.com to discuss your claim.
Call 24/7. Your needs are our top priority!
