A Missouri state Senator has proposed a bill that would require all medical malpractice suits to establish a higher standard of evidence when seeking non-economic damages. Non-economic damages are damages that resulted from the accident but do not have a set monetary amount. For example, a non-economic damages would be pain and suffering and emotional distress which resulted from the accident.

It was reported in a February 5, 2013 News-Leader article that the state will now be assessing Bill 64, which would require there be clear and convincing evidence of any emotional stress suffered. This would make the standard of evidence be just one step below “beyond a reasonable doubt” which is the standard that is used for criminal cases.

In previous years the Missouri Supreme Court struck down proposed restrictions. Many of the restrictions discussed were deemed to be unconstitutional on the grounds it violates plaintiff’s right to a jury trial and verdict. The Senator now states that this new bill is an attempt at creating a compromise between the state’s interest and their citizen’s interest.

If you believe that a doctor deviated from the normal standards or care while treating you resulting in an injury, then you should consult with a qualified lawyer. You should not delay in making an appointment. Mr. Lutzky, of the law office of Jayson Lutzky, P.C. offers 30 years of experience practicing law in New York. Call 718-514-6619 to learn about a free initial in person consultation. Visit our Website, www.MyNewYorkCityLawyer.com for more ways to contact the attorney.