Missouri Medical Malpractice Debate Over Pain and Suffering Caps


The Illinois Supreme Court made a ruling this week that ended caps on pain and suffering in medical malpractice awards. The ruling could be a very positive thing for victims of medical malpractice in Missouri, where a similar debate over whether or not the current $350,000 caps is constitutional is taking place.

One attorney who argued before the Missouri Supreme Court claimed that limiting non-economic damages should be ruled unconstitutional. He intends to formally notify the Missouri Supreme Court of the ruling in Illinois in hopes that it will encourage the judges to also remove the cap in Missouri.

Many attorneys and victims think the cap should be lifted because it indirectly leads to placing a higher value on wealthy people’s lives than poor peoples. While families of wealthy victims can recover more money from lost wages, poor people recover very little in the form of lost wages, thus making their suits worth less.

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The A.W. Smith Law Firm in Columbia handles wrongful death and medical malpractice cases all over the State of Missouri. If you have questions about how to choose a law firm that is equipped to handle your wrongful death or medical malpractice case, please contact us today at 573-443-7300 or visit are website at www.awsmithlaw.com. The A.W. Smith Law Firm has recovered millions in settlments and verdicts in medical malpractice cases.