From MedPage Today:
The Missouri Supreme Court has overturned that state’s $350,000 limit on noneconomic damages awarded in malpractice suits, a staple of its 2005 medical liability reform law.
The state’s highest court on Tuesday ruled 4-3 that limits on noneconomic damages were unconstitutional according to the Missouri constitution because they violated a citizen’s right to a jury trial.
“Such a limitation was not permitted at common law when Missouri’s constitution first was adopted in 1820 and, therefore, violates the right to trial by jury,” Chief Justice Richard Teitelman wrote in a 27-page opinion.
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