Analysis

Med Mal Cap Challenge To Decide Mo. Lawmakers' Power

By Y. Peter Kang (February 19, 2021, 9:40 PM EST) -- A Missouri Supreme Court decision on the constitutionality of the state's cap on noneconomic damages in medical malpractice cases will ultimately answer whether state lawmakers can replace long-standing common law with their own version, experts say.

A lower appeals court ruled Tuesday that a dispute over Missouri's $700,000 cap on noneconomic damages in medical malpractice cases involving a catastrophic injury should be decided by the state's Supreme Court because it is a constitutional challenge of first impression.

Patient Maria del Carmen Ordinola Velazquez had successfully sued University Physician Associates for providing negligent postpartum care that caused severe injuries, with a jury awarding...

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