On March 5, 2014, the Missouri House passed a bill limiting non-economic damages in a medical malpractice action to $350,000. This is not the first time Missouri has attempted to limit the damages that a victim of medical malpractice can recover. From 2005 through 2012, there was a limit on non-economic damages. In 2012, the Missouri Supreme Court ruled that this cap was unconstitutional. A subsequent attempt to reinstate it failed in the Senate. The proponents of the current law believe that the present bill corrects the issues with unconstitutionality.
Medical malpractice damages reform, also known as tort reform, has been an issue for many years. Doctors claim that the lack of a cap makes malpractice insurance prohibitively expensive for many practitioners. Some claim that if Missouri does not reinstate an enforceable cap, then doctors will flee to nearby Kansas, which does have a cap. Opponents of the bill reflect our position, which is the manifest unfairness that exists when you try to limit the value that is placed on the destruction of quality of life.
The damages at issue in tort reform are non-economic damages. In a legal action against a doctor who has caused serious harm, there are a number of types of economic harm that will be compensated, including:
- Lost wages;
- Medical costs and expenses;
- Costs for necessary accommodations to the home and vehicles, based on the nature of the victim’s injuries;
- Living expenses incurred as a result of the injury – this may include the hiring of a nursing aide or other personal attendant; and
- Other miscellaneous expenses directly attributable to the injury.
What the legislators seek to limit is the damages award for pain and suffering. However, this also places a limit on the doctor’s accountability for his negligence. Proponents of the new bill argue that these non-economic awards are arbitrary and subjective. When a person really considers what the limit does, it is easy to see how unjust it is.
Consider a young, married father of two who discovers he has an inguinal hernia. He goes to the doctor, who discusses his options and recommends surgery without disclosing all of the potential risks. During the surgery, the doctor perforates the small intestine of the patient and does not repair it. The patient then develops a severe infection and requires several surgeries to repair at least some of the damage. However, he is left with debilitating pain and limited mobility. Before the accident, he coached his kids’ soccer teams and played in a softball league. After the doctor’s negligence, he is unable to even make it to watch his children’s games. His life has been permanently altered and the Missouri House deems $350,000 sufficient to compensate him for his pain and suffering, which will last a lifetime.
Tort reforms are driven by insurance companies that want to minimize the payouts that are made while maximizing profit. The victims of doctor negligence, and even the doctors themselves, are hurt by the efforts of these insurers to prioritize their financial well-being against the suffering of the injured. While the enactment of this cap is not certain and constitutional challenges are likely if it does pass the Senate, this is a very important development in medical malpractice actions in Missouri.
A person who has been injured by the negligence of a doctor deserves compensation for all of the harm that he suffered as a result of that error, including economic and non-economic damages. The skilled and hardworking Missouri Medical Malpractice Attorneys at Hubbard & Kurtz, L.L.P. are committed to getting our clients all of the compensation to which they are entitled. We strive to fight for your rights while you focus on recovering for the harm that was done to you. To schedule an initial consultation, call us at (877) 535-1163.
