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Medical malpractice lawsuits in Missouri now subject to caps on non-economic damages

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Many states' lawmakers are attempting to pass laws that will limit the amount of damages a plaintiff can receive in a medical malpractice lawsuit.  Recently, Missouri legislators voted to approve a measure that would reinstate limits on noneconomic damages available to plaintiffs in medical malpractice lawsuits.  The Missouri Supreme Court ruled three years ago that the then-existing cap of $350,000 was unconstitutional., but now lawmakers are taking the opportunity to change that law by passing this new measure.  The new measure would place a $400,000 cap on most cases, and a $700,000 cap in more severe, catastrophic injury cases.  The measure would raise the current $350,000 cap on noneconomic damages in wrongful death cases to $700,000.  Those who oppose such caps argue that it harms the plaintiffs/victims by limiting their ability to get restitution from doctors who harmed them.  Even those who support the new measure admit that the limits will not adequately compensate every victim for the harm they suffered.

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