Medical malpractice claims allow injured patients to seek compensation for medical mistakes. Medical malpractice claims can be settled between the parties without going to court or, if a settlement cannot be reached, the claims are decided in court by a jury. The jury is not only tasked with determining whether malpractice occurred, it must also put a dollar figure on the amount of damage caused by the medical malpractice.
Medical malpractice caps artificially place limits on the amount of jury awards. Without regard to the injuries and damages suffered by someone who is the victim of medical malpractice, caps create an arbitrary and unfair ceiling on the amounts a doctor and his or her insurer must pay if a medical mistake is made.
Missouri Malpractice Cap is Another Injury for Victims of Med Mal
In May of 2003, a Missouri woman was admitted to a hospital where a medication error caused her body's ammonia levels to rise. Due to a genetic defect, the patient's body could not eliminate the excess ammonia and she suffered brain damage because of it. She died in 2005 and her husband brought medical malpractice claims against those involved in her care for not taking steps to prevent the brain damage.
A Missouri jury totaled the non-economic damages for this couple at $9.2 million. The $9.2 million was in addition to another $1 million awarded as payment for medical bills related to the malpractice claim. The award was drastically reduced, from $9.2 million to $1.2 million, because Missouri law caps the amount of money that can be awarded in a med mal case.
The husband appealed the reduction of the jury award to the Missouri Supreme Court last November, arguing that the damage cap is a violation of constitutional rights and protections. The Supreme Court has not yet ruled on this case, determining whether the damage caps are constitutional.
Medical Malpractice Caps Actually Harm the Medical Profession
Capping medical malpractice jury awards ultimately harms the medical profession. Non-economic damages are defined as intangible harms, such as pain and suffering or loss of consortium and can be claimed by the victim or the victim's family. Limiting jury awards is a backhanded way of further punishing the victims of medical malpractice rather than the doctors, physicians, surgeons or other health care professionals that cause the injuries.
Many argue that capping medical malpractice claims is a way to control insurance costs for medical providers. It's quite possible, however, that insurance costs are one way to weed out dangerous health care professionals. Although there are many differences, a simple analogy to malpractice insurance is auto insurance. With each accident that a driver causes, his or her insurance premium is likely to go up, and rightly so. If a doctor is continually making mistakes, he or she should not be shielded from rising premiums by limiting the financial recovery of his or her victims.
Missouri judges already have the ability to limit or reduce a jury award that is excessive. A statutory cap on medical malpractice damages is not necessary.
Medical Malpractice Lawyers Can Help You
If you've been injured by the negligent act or mistake of a health care professional, a Missouri medical malpractice attorney can advise you of your right to compensation. Although a cap is currently in place, you can recover the actual expenses related to the malpractice as well as a certain amount for any additional damages.
