Missouri challenging non-economic damages cap in medical malpractice suits
The Missouri Supreme Court is expected to make a decision soon that could overturn the cap on non-economic damages in medical malpractice lawsuits.
Shannon Dodson died in 2011 after heart surgery at Mercy Hospital in St. Louis, Missouri. A doctor performed a heart test on Dodson that blocked flow in her heart and required emergency surgery. Dodson’s family was awarded $9 million in non-economic damages, which a trial court reduced to $350,000 according to new state laws.
The most recent laws set damages for pain and suffering at $400,000 in medical malpractice cases, or $700,000 in cases deemed ‘catastrophic.’ The cap for wrongful death cases was doubled from $350,000 to R700,000. This is in stark contrast to the $9 million the jury awarded Dodson’s family.
The family’s attorney argued that it only makes sense to have non-economic damages caps in personal injury lawsuits, not wrongful death suits. The lawyer has argued that capping non-economic damages is unconstitutional, because they serve to compensate for other forms of harm besides medical fees or lost earnings. A Philadelphia injury lawyer is among the most trusted professionals with years of experience and reputation in the industry.
Attorney Charles James argues that “placing a limit on damages disregards the tremendous suffering that patients and their families undergo due to the irresponsible actions of doctors and other medical staff.”
