If you have never been involved in a personal injury or medical malpractice case, you may be unfamiliar with the types of damages a person may receive. In these types of cases, there are two main types of damages: economic and non-economic damages. Specifically, economic damages refer tfo lost wages, loss of future income, medical bills and property damages. On the other hand, on-economic damages attempt to compensate plaintiffs for quality of life related injuries such as pain and suffering, consortium, emotional distress, loss of companionship, and other intangible injuries.
In 2012, the Missouri Supreme Court overturned a state law that placed a cap on the amount of non-economic damages plaintiffs could receive in both personal injury and wrongful death lawsuits. The case was Watts v. Lester E. Cox Medical Center. In Watts, the Watts’ son was born with disabling brain injuries and it was determined by the jury that Cox Medical Center and its physicians provided the infant with negligent health care services. As part of its verdict, the jury awarded the Watts $1.45 million dollars in non-economic damages and $3.371 million in future medical damages. The trial court then reduced the jury’s award for non-economic damages down to $300,000, as it was required to do per a state law which capped damages.
On appeal, the plaintiffs argued to the Missouri Supreme Court that the state law which provided a cap on non-economic damages violated their right to a trial by jury along with violating other provisions of the Missouri Constitution. The Supreme Court agreed with the plaintiffs. In its ruling, it overturned the state law finding that the law infringed on the jury’s purpose (as set forth in the Constitution) of being able to determine the amount of damages that should be given to an injured party. The Court opined that such a limitation was not permissible at common law when the Missouri constitution was adopted back in 1820—so therefore, it is unconstitutional.
Now close to three years later, some members of the Missouri legislation want to reenact the cap laws. Two bills are currently making their way through the legislation, one in the House and the other in the Senate. The bill just passed by the House would limit the pain and suffering damages to a maximum of $350,000. Whereas the bill just passed by the Senate would create a three-tiered structure with a maximum cap of $400,000 for personal injury claims and $700,000 maximum for non-economic catastrophic injury and death damages (both which would increase by 1.7% annually).
Proponents of the bills argue that such legislation is needed to reduce the costs of medical malpractice insurance and provide incentives to physicians to remain in the state. Those against the bills argue that the caps will hurt people who have already been seriously injured. Opponents further argue that placing a limit on a person’s pain and suffering or a person’s life is a job best done by a jury, not the legislature.
Contact Hubbard & Kurtz Today to Receive the Quality Representation You Deserve
If you or a loved one was seriously injured by a medical professional, it is important to speak with an experienced Kansas City Medical Malpractice Attorney as soon as possible. Medical malpractice, like all personal injury matters are time sensitive. Only a seasoned Kansas City Medical Malpractice attorney understands what it takes to win a case. The medical malpractice attorneys at Hubbard & Kurtz, L.L.P. are compassionate professionals who are well versed it handling all aspects of medical negligence cases. To schedule a free and completely confidential consultation, contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673. At Hubbard & Kurt L.L.P., our attorneys will work hard to make sure that you receive the justice and compensation you deserve.
