Missouri caps non-economic damages in medical liability cases
Missouri Gov. Jay Nixon yesterday signed state legislation reinstituting caps on non-economic damages in medical liability cases. In 2012, the Missouri Supreme Court ruled unconstitutional a 2005 state law setting a $350,000 cap on non-economic damages in medical liability cases. The new limits, which will increase 1.7% annually, are $400,000 for non-catastrophic personal injury, $700,000 for catastrophic injury and $700,000 for death. “Missouri needs to be able to attract and retain health care professionals. The absence of a cap on noneconomic damages in medical liability lawsuits hurts Missouri’s position among the states as health care providers choose where to practice,” said Missouri Hospital Association President and CEO Herb Kuhn. “The new law will create certainty in the liability insurance marketplace and make Missouri a more attractive state for physicians and other health care practitioners.”