Missouri restores limits on malpractice damages

The state previously had a malpractice limit of $350,000, but in 2012, the state's Supreme Court ruled the cap on damages for pain and suffering unconstitutional.

Missouri Gov. Jay Nixon has signed a bill that reinstates state caps for damages against healthcare providers in order to give physicians some relief with their medical malpractice costs.

The limit is $400,000 for non-catastrophic personal injury; $700,000 for catastrophic injury; and $700,000 for death, according to the governor’s office. The limits will increase by 1.7 percent annually.

The bill hopes to bring relief to medical providers by lowering the cost of their medical malpractice insurance. It will also help keep doctors in Missouri, according to bill sponsor Sen. Dan Brown, R-Rolla.

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The state previously had a malpractice limit of $350,000, but in 2012, the state’s Supreme Court ruled the cap on damages for pain and suffering unconstitutional.  Since the 2012 ruling in Watts v. Lester E. Cox Medical Centers, there have been no caps on awards of non-economic damages in medical malpractice cases, according to the governor’s office.

The bipartisan S.B. 239 received supported from numerous business and healthcare groups.

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It creates a new cause of action for damages against a healthcare provider for personal injury or death, and caps three different limitations on awards of damages related to patient harm, called non-economic damages.

On May 7, Nixon signed the bill into law at SSM St. Mary’s Hospital in Jefferson City.

“This bipartisan legislation protects patients by making sure that significant financial restitution can be sought in cases of medical malpractice, while also helping to attract and retain health care providers in our state,” he said.

Twitter: @SusanMorseHFN