Missouri Officials Overturn Cap on Medical Malpractice Damages

PHILADELPHIA, PA--(Marketwire - Aug 24, 2012) - The Pennsylvania personal injury lawyers of Lowenthal & Abrams, P.C., have reviewed a recent change to Missouri Supreme Court laws involving personal injury damages, and are very interested in this development, as it may influence other tort reform efforts taking place across the country.

The Missouri Supreme Court recently lifted a cap on the amount of damage victims of medical malpractice could receive (Case: No. SC91867, Appeal from the Circuit Court of Greene County Honorable Dan J. Conklin, Judge). This decision has the potential to dramatically affect the future of victims and the medical professionals accountable for such mistakes. The vote to overturn the cap took place on Tuesday, July 31, 2012 after an appeal came through from a recent verdict pertaining to a child born with brain damage. 

When Deborah Watts' son showed signs of brain damage after a medical professional repeatedly put off medical treatment, she filed a lawsuit against the hospital. A jury determined that her losses totaled $3.37 million for medical damages and $1.45 million for non-economic damages. However, the cap forced the court to reduce her non-economic damages to $350,000. After filing an appeal, the Missouri Supreme Court decided that the cap violated Ms. Watts' right to trial by jury and removed the limit. 

In the months following this decision, many other states may also review laws or potential laws that place similar limits on personal injury damages. Tort reform is a popular but controversial issue in the United States, and when caps such as this are overturned, the effects can be far-reaching. The legal team at Lowenthal & Abrams, P.C., is dedicated to helping clients pursue the full amount of compensation they need following an accident or injury, and to that end, are hopeful that this decision will influence other states to not impose restricting caps on medical malpractice damages.

About the Firm

Lowenthal & Abrams, P.C., is a personal injury law firm based in Pennsylvania, with offices in Philadelphia, New Jersey, and New York. To learn more about the services they offer, contact the team today at 215-238-1130.