Missouri House approves limits on jury awards in medical malpractice lawsuits
By Marie French, St. Louis Post-Dispatch | |
McClatchy-Tribune Information Services |
The House approved the caps, commonly called "tort reform," in front of an audience of doctors packing the galleries. Many of the doctors sported red stickers reading "TORT REFORM NOW!" on their white lab coats.
Proponents of the bill argue limiting lawsuit awards in cases of medical malpractice is necessary to lower medical costs and keep doctors in the state. Bill sponsor Rep.
"Where once we were competitive with other states when it comes to the costs in our medical community we now have no caps," Burlison said. "Without any caps our medical community is in jeopardy."
She said the lack of caps in
"I would hate to see that exodus come back," Hierholzer said.
The cap doesn't limit economic damages, which would include lost wages, additional medical costs and living expenses. Supporters of limiting noneconomic damages argue that such awards are subjective and arbitrary. Outsized awards could result in doctors fleeing the state due to increased insurance premiums, according to supporters of the limits.
But opponents argue that this hasn't yet happened and that placing an arbitrary limit on awards doesn't take into account victims of negligence by medical professionals.
Rep.
"The mechanics of this bill does not value human life. It devalues it," Grisamore said. "The name of the game (for insurance companies) is to minimize liability and maximize profits and victims and doctors are caught in the middle."
Hierholzer said the question of pain and suffering of victims ignores the effects on doctors and their families who face these high costs and large lawsuits.
"How can your pain and suffering be any more than mine?" she asked.
Opponents also charged that placing limits violated citizen's right to a trial by jury -- the reason caps were thrown out in 2012. The bill states that it removes the English common law jury trial remedy for medical malpractice and creates a statutory cause of action with limits. Burlison said this solves the constitutional problem of limits. Similar limits on wrongful death claims have been upheld by the
Republicans Rep.
House Speaker
The bill now moves to the
(The bill is HB 1173.)
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