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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!