Missouri legislature voted to place a cap on the amount petitionerâ€™s may receive for non-economic monetary relief in medical malpractice suits, as reported by News-Leader.com in a March 29th, 2013 news article.
The House bill recently passed 93 to 62. Under the new laws, there is a state maximum limit of $350,000 that a party may receive for damages stemming from pain and suffering. Originally, this cap was introduced in 2005 but was struck down by the stateâ€™s Supreme Court for being unconstitutional under state laws. In the Justices’ opinion, they stated that it violated the rights of a jury to determine a fair and reasonable amount.
The cap was only placed on non-economic monetary damages sought. These types of damages are damages that do not arise out of something a general price could be determined. Lost wages from missing work because of an injury are economic damages because the petitioner can show the amount they lost. On the other hand, non-economic injuries are those that deal with emotional and physical pain like the stress caused by an unsightly scar.Â Now the bill will go before the state Senate for a vote.
If you have been injured at the hands of a doctor and have experienced pain and suffering, lost wages or additional medical expenses, then you may be entitled to a large cash settlement. The doctor must have deviated from the normal standard of care in his or her profession for the injury to be counted as medical malpractice. Call 1-718-514-6619 to set up a free in person consultation with Mr. Lutzky, an attorney of Jayson Lutzky, P.C. Visit www.MyNewYorkCityLawyer.com for more information.