Missouri Court Overturns Malpractice Caps


The Missouri Supreme Court overturned caps on non economic malpractice damages. Prior to this decision, there was a $350,000 cap on non economic damages in malpractice cases. There have been similar court decisions to overturn legislative malpractice damage caps in Washington (1989), Oregon (1999), Alabama (1991) and Florida (1987).

This decision overturned a ruling that has stood for about 20 years that set limits on damages for malpractice. Chief Justice Richard Teitelman stated that the law violated the constitutional rights of citizens of Missouri to trial by jury. Decisions of this nature make meaningful malpractice reform at a federal level even more important, but possibly even more difficult to achieve. For the full court statement visit http://www.courts.mo.gov/file.jsp?id=55761