The Missouri Supreme Court struck down a 2005 law placing a $350,000 cap on malpractice awards, saying it violates patients’ rights to jury trials. The law was championed by Republicans as a cornerstone in tort reform and a way to control growing medical malpractice insurance rates. It limited the monetary awards juries could award to malpractice victims for “pain and suffering,” as advocates said such awards were subjective, predictable and prone to bias.
The coalition, which includes providers, defense attorneys and liability insurers, called the ruling “deeply disturbing.” The group referred to the time between 2002 and 2005 when Missouri’s governor and legislative majority — each of different parties — were unable to agree on a cap for noneconomic damages for medical malpractice liability.
As a result, the coalition said physician insurance rates doubled and malpractice liability costs “skyrocketed,” resulting in many physicians’ decisions to stop practicing in Missouri either through early retirement or relocation.
“We must avoid repeating this debacle,” the organization wrote. They requested a meeting with the governor and his staff to exchange perspectives on the repercussions of the Supreme Court’s decision as well as governmental response.
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