News Regarding Medical Malpractice Laws
Last week in Missouri, the state’s Supreme Court struck down a $350,000 cap on non economic damages or “pain and suffering” damages in medical malpractice cases. The Missouri Supreme Court said the law violated a patient’s right to a fair jury trial.
A lawsuit for medical error eventually led to the court’s decision. A mother filed the case because her son was born with catastrophic brain injuries after a delay in receiving an emergency C-section. A jury awarded nearly $5 million for medical care. Even though the injured patient would need more than the $350,000 limit for future medical expenses, the amount was reduced under the law. Following this, the Supreme Court ruled the law unconstitutional.
Article 5, Section 32 of Arkansas’s constitution prohibits limiting the amount of compensation an injured person may receive as a result of injury or the death of a loved one. Arkansas Supreme Court decisions have accordingly shown the argument against placing a cap on damages is the more logical one. Before the decision to strike the limit on jury awards, victims who suffered serious injuries because of medical errors faced millions of dollars of expenses. Many family members have injured loved ones who will never be able to work or live alone and therefore need constant care for the rest of their lives. Now, victims of serious medical malpractice injuries and their families can benefit from a jury’s award for future medical care.
Instead of facing devastating healthcare costs, you have a right to a fair jury trial. If you have suffered severe injuries because of a medical error, or if you have had serious medical expenses as the result of a medical malpractice injury, call my office to speak with me about your case and how we can help you. Your consultation is free of charge and there are no obligations or fees unless we win your case.