How do Medical Malpractice Damage Caps Work in Missouri?

Early last year, Missouri Governor Jay Nixon signed a measure capping damage awards in medical malpractice cases, just three years after the state Supreme Court ruled that similar limits were unconstitutional in 2012. As it stands now, non-economic damages in medical malpractice cases are capped at $400,000 and in cases involving more serious, catastrophic injury the cap increases to $700,000, regardless of how many medical providers are named in the lawsuit.

Different Types of Damages

To understand how this affects a plaintiff filing a personal injury lawsuit, it requires a basic understanding of how personal injury and tort law works. In personal injury cases, damages are separated into two categories: economic and non-economic damages. Economic damages encompass specific costs incurred by the injury, such as medical or rehabilitation bills whereas non-economic damages involve less material costs such as pain and suffering, emotional distress, and psychological damage. Therefore, the damage caps mentioned above do not interfere with the payment of medical bills and costs associated with recovery, but rather other more subjective damages.

While the idea of capping damages in a personal injury lawsuit may seem like an unfair concept to the plaintiff, most states (well over half) have some form of maximum damage cap in medical malpractice cases. Even the Federal Government has set the limit in medical malpractice cases at $250,000 but as can be seen in the example above, some states can go above and beyond what is dictated by the Federal Government.

The Purpose of Damage Caps

Therefore, what purpose do damage caps serve? The simple answer is that many people believe that high damage awards harm the overall economy by increasing liability and the cost of doing business. Especially in medical malpractice cases which could potentially result in millions of non-economic damages for suffering or something irreplaceable, such as the loss of a limb, increasing the cost for a doctor to practice medicine via malpractice insurance would start a chain reaction of increasing costs that would eventually wind its way back to the consumer. If medical costs for a necessary procedure doubled because of the potential for a huge malpractice verdict, patients would still have to get the procedure done, but would be forced to pay much more out of pocket.

Moreover, damage caps are supposed to help fight against frivolous claims of medical malpractice. If there was the potential to win millions of dollars for more subjective damages such as stress or suffering, it may open the door to those who file a lawsuit solely for monetary gain. The Courts want to ensure that the purpose of medical malpractice lawsuits is to help those who are actually injured and seeking just compensation.

Joint Damages

In the state of Missouri, medical malpractice claims can also be affected by something known as “joint damages” or damages in cases where multiple medical professionals are responsible for harm to the plaintiff. In these types of cases, a defending medical practitioner who is found to be more that 50% at fault maybe have to pay for the entire range of damages awarded to the plaintiff. Conversely, a defendant who is less than 50% at fault must only pay proportionally to their share of fault for the incident.

As can be seen above, medical malpractice claims and damages are anything but straightforward. With frequently changing rules and certain inconsistencies, its best to consult with a local medical malpractice lawyer in Kansas City, who can walk you through the law and advise you on your specific case. Nevertheless, having a general understanding of the law can temper expectations and prepare you for the often tough legal battle ahead.