NAMIC’s state trade association partner the Missouri Insurance Coalition reports that the Missouri Supreme Court ruled 4-3 in Watts v. Lester E. Cox Medical Center, SC 91867 (2012) that the state’s medical malpractice non-economic damages caps are unconstitutional. In doing so, the court overturned a case where, 20 years ago, the it upheld important reforms that served to increase access to healthcare.
The court’s opinion said that because “statutory damage caps were not permissible in 1820” they are impermissible today. The better-reasoned dissent pointed out that the “distinction” used by the majority to overturn established precedent “is meaningless.”
As the summary of the case notes, NAMIC filed an amicus brief urging the Supreme Court to uphold the damages cap.
NAMIC will stand with MIC, employers, healthcare providers, and our members to create a solution to again protect the public from the hostile litigation climate that once had served only to increase healthcare costs and drive physicians from the state.
State Affairs Manager
Posted: Thursday, August 02, 2012 9:26:32 AM.
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