Damage-cap ruling relevant to Missouri

[Jon8503]

By DAN MARGOLIES

Missouri lawmakers might want to pay attention to a ruling last week by the Wisconsin Supreme Court striking down that state’s cap on noneconomic damages in medical malpractice actions.

The $350,000 cap was identical to one enacted this year by the Missouri General Assembly. So far, the Missouri legislation hasn’t been challenged, but plaintiffs’ attorneys say it is only a matter of time — and the right case — before someone attacks its constitutionality.

The Missouri law takes effect Aug. 28.

“When a state supreme court takes this kind of bold move, it’s definitely going to be used by whoever will challenge the Missouri provision as a precedent worth following,” said St. Louis lawyer Thomas L. Stewart, vice president of the Missouri Association of Trial Lawyers
(rest of the article below)

http://www.kansascity.com/mld/kansascity/business/12164666.htm

[AllegroRondo]

1. What was the basis for the ruling?

Cant read the article - it requires registration.

[Jon8503]

2. Un-Constitutional; In violation of equal-protection

The Wisconsin high court split 4-3 in ruling that the state’s 10-year-old cap on noneconomic damages in medical malpractice cases violated the Wisconsin Constitution’s equal-protection clause. The Missouri Constitution has a similar clause.

Noneconomic damages generally refer to injuries and losses that are not readily quantifiable, such as pain and suffering and loss of companionship. They tend to be especially important in cases involving children or the elderly, because those plaintiffs generally don’t have lost wages or economic damages to collect.

The Wisconsin case involved an 8-year-old boy whose right arm was partially paralyzed and deformed as a result of a doctor’s negligence during birth. A jury awarded the boy $700,000 in noneconomic damages and $403,000 for future medical expenses.