• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

ABOUT US RESOURCES TESTIMONIALS BLOG CONTACT US

  • Home
  • About Us
  • Find Your State
  • Find Your Specialty
  • Choose a Facility
  • Resources
  • Testimonials
  • Blog
  • Contact Us
  • Request A Quote

White Coat Rally for Tort Reform in Missouri

January 21, 2015

In July of 2012 the Missouri State Supreme Court ruled that limits on awards for non-economic damages in medical malpractice lawsuits are unconstitutional. Prior to that ruling Missouri had a cap in place of $350,000, which had been signed into law by the Missouri legislature and, then Governor, Matt Blunt in 2005. Experts believe that this cap, along with other malpractice reforms, helped to stabilize the medical professional liability insurance market in Missouri. Additionally, these reforms led a number of companies to move into Missouri who had previously been unwilling to sell policies to physicians and healthcare workers in that state. Lawmakers and physicians now fear that the removal of this cap will lead to astronomical jury awards that will, in turn, bring about increased healthcare costs and an overall decrease in access to care.

The fear of such a negative impact has led the tort reform coalition, Show-Me Tort Reform, to advocate for new legislation that would reinstate the cap. This new legislation would take the form of either a bill framed specifically to avoid the constitutional challenges cited by the court in their rejection of the prior law, or a constitutional amendment. Lawmakers would prefer the former however, since an amendment would mean clearing the additional hurdle of ballot approval. As we saw in California a ballot question can easily end up leading to an expensive and contentious campaign to educate the public and respond to opposition. The bill likely to be introduced this year would put in place a cap of $500,000, $150,000 more than the previous cap.

Opponents of damage caps in medical malpractice cases argue that the limits hurt an injured patient financially and infringe on their individual rights. Some say that the reforms shield bad doctors from accountability for their actions. However, the legislation does not affect the amount a patient can recover for economic damages such as medical expenses, lost wages, and other real costs. The non-economic damages are typically related to “pain and suffering,” which is often the largest payment category. Further, non-economic damages calculations are notoriously subjective, amounting to an attempt to put a dollar amount on the experience of pain or the lack of pleasure. No doubt those are real losses, and they should be compensated if malpractice truly is the cause, but surely giving some kind of guidance in the form of an upper limit is within the bounds of reason and moderation. Finally, let’s not forget that the groups that tend to protest these actions most loudly are the trial attorneys who make their living collecting a percentage of those non-economic damage awards.

Show-Me Tort Reform, along with other concerned individuals and interest groups, have organized a “White Coat Rally Day” in Jefferson City at the capitol building on February 24th in support of such legislation. Physicians concerned about the effect of limitless non-economic damages are encouraged to register for the event here.

Filed Under: Uncategorized Tagged With: bill, damage caps, healthcare reform, legal, legislation, non-economic damages, ruling, tort

Primary Sidebar

Calendar

January 2015
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031  
« Dec   Feb »

Categories

  • Ask eQuoteMD
  • General
  • Malpractice Insurance
  • Malpractice Insurance Coverage
  • Medical Liability Insurance
  • Medical Malpractice
  • medical malpractice insurance
  • medical malpractice lawsuit
  • OB/GYN
  • tail coverage
  • Telehealth
  • Uncategorized

Tags

Affordable Medical Malpractice Insurance best malpractice insurance California claims made coverage damage caps defensive medicine doctors liability insurance group medical malpractice insurance hipaa individual medical malpractice insurance judicial legal legislation liability malpractice malpractice insurance Malpractice Insurance Coverage malpractice insurance for doctors Malpractice Insurance near me malpractice insurance quote medical liability insurance medical malpractice medical malpractice coverage medical malpractice insurance medical malpractice insurance broker medical malpractice insurance companies medical malpractice insurance company Medical Malpractice Insurance for Family Medicine Medical Malpractice Insurance provider medical malpractice insurance providers medical malpractice lawsuit medical professional liability insurance news non-economic damages occurrence physician malpractice insurance policy professional medical liability insurance research study tail tail coverage technology tort reform

Footer

eQuoteMD

BLOG

Doctor And Nurse Suture Patient In Emergency Room

As a physician, you are no doubt aware of the importance of having malpractice insurance to protect READ MORE

Pregnant woman lying down on a hospital bed and talking to a doctor

“Medical Malpractice Insurance policies have become a commodity in the insurance industry, meaning READ MORE

Dental Malpractice form, and gavel on a surface.

Dental malpractice insurance is an essential element of any dentist's practice. It covers them in READ MORE

FIND YOUR STATE FIND YOUR SPECIALTY CHOOSE A FACILITY

ABOUT US RESOURCES TESTIMONIALS BLOG CONTACT US

HOME ADA DISCLAIMER PRIVACY POLICY SITEMAP

Copyright © 2023 · eQuoteMD · All Rights Reserved

iHealthspot Medical Website Design and Medical Marketing by iHealthSpot.com

eQuoteMD provides medical malpractice insurance services in all states for all specialties.