Across the country, there have been serious debates regarding the damages awarded to victims of negligent conduct. The Missouri Supreme Court recently issued a decision that can be considered a major win for individuals who have sustained personal injuries due to the negligence of another.

The case centered on a Missouri law enacted in 2005 that prohibited non-economic damages over $350,000 in medical malpractice cases.

After the law was passed, a case arose in which a woman gave birth to a son with severe brain injuries. Consequently, she initiated a lawsuit alleging medical malpractice, due to the negligence of the hospital and doctors involved in the delivery.

After a trial, the jury found in favor of the woman, determining that the physicians and hospital "provided negligent medical care." The jury awarded the woman non-economic damages totaling $1.45 million. As a result of the 2005 law, though, the judge was compelled to reduce the jury award to just $350,000. The woman filed an appeal.

The Missouri Supreme Court has now struck down the law as unconstitutional. The majority opinion held, "the right to trial by jury...is not subject to legislative limits on damages." This decision could affect other areas of personal injury law, as the court held generally that limiting the amount of damages awarded by a jury violates the constitutional right to a trial by jury.

Missouri residents can now rest assured that their right to just compensation following an incident in which they sustain personal injuries has been protected.

Source: The Wall Street Journal, "Missouri Court Rules for Unlimited Liability Payouts," Steve Eder, August 1, 2012.

Our firm handles situations in which individuals are injured due to hospital or physician negligence. If you would like to learn more about our practice, please visit our St. Louis medical malpractice page.