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Long Term Care & Senior Living Blog

We offer updates on national on regional issues such as malpractice defense, regulatory compliance, labor and employment issues and estate planning.

Long Term Care & Senior Living Blog
June 27, 2013

Missouri Physicians Lobby to Restore Cap on Non-Economic Damages

As reported by Missouri Lawyers Weekly, “a parade of lab-coated doctors” appeared before the Missouri State Senate and House of Representatives in early February 2013 to argue that the recent Missouri Supreme Court decision in Watts v. Cox Medical Center will reverse years of declining malpractice insurance rates. In Watts, the Court held in a 4-3 decision that the statutory cap of $350,000 on noneconomic damages such as pain and suffering is unconstitutional because it violates the plaintiff’s right to a trial by jury. The doctors argued that unlimited noneconomic damages will harm the availability and affordability of health care in Missouri and that restoring the cap will help to control costs and keep doctors in Missouri.