Missouri’s Medical Malpractice Damages Cap Ruled Unconstitutional

images.jpgThe Missouri Supreme Court ruled on Tuesday, July 31, 2012 that the 2005 law that limited a patient’s recovery for pain and suffering in a medical malpractice case was unconstitutional. Watts v. Lester E. Cox Medical Centers, SC91867. The 2005 law, 538.210 RSMo., held that no victim of medical malpractice could recover more than $350,000 for his or her pain and suffering.The Missouri Supreme Court held that this was unconstitutional, because it denied the patient a right to a trial by jury, which includes the right to have a jury asses damages. The full opinion can be read here.