In 2005, Missouri enacted a cap on awards for non-economic damages stemming from medical malpractice lawsuits. That cap was deemed unconstitutional in 2012 by the Missouri Supreme Court, but on Thursday, March 28, 2013, the Missouri House put the cap of $350,000 back into the legislative process. The Supreme Court had found the law violated a right to a jury trial so the new bill’s sponsor, Rep. Eric Burlison, solved that issue by putting the right to sue into statutory law. Prior to Burlison’s action, the right to sue over health care was not written into law but was understood to exist through common law.

House Bill 112, which re-introduces the cap, is not without controversy. The House debate was lively and occasionally personal in tone. Republicans, who dominate the house with a supermajority, fell on both sides of the issue. The vote of 93-62 in favor of the bill was closer than some analysts expected. Proponents of the bill argue that the cap prevents excessive jury awards that push health care costs up. They also point to research that highlights lower medical malpractice premiums for physicians during the period when the previous cap was in place. Those lower costs are attractive to physicians and also can translate to lower overall health care costs. Opponents contend that people do suffer from medical malpractice; those who do suffer may encounter subsequent living expenses running into the millions of dollars. Those people, it is argued, should be able to pursue larger malpractice suits. The controversial bill will encounter more debate as it moves now to the Missouri Senate.

Source: News-Leader (http://www.news-leader.com/article/20130329/NEWS01/303290045/Bill-reinstating-medical-malpractice-caps-passes)