September 30, 2015
WBSV attorney Paula Brown educated fellow attorneys about Missouri’s new medical malpractice damages caps at a recent continuing legal education seminar called, “Never Give In: Missouri’s New Attempt at Medical Malpractice Caps.” The caps limit the amount of money injured plaintiffs can recover for their pain and suffering due to health care provider negligence. As Ms. Brown explained to the audience, the cap on pain and suffering is generally $400,000, unless the injury is considered “catastrophic” or the patient died, in which case the caps are $750,000. The new caps apply to acts of negligence that occur after August 28, 2015, and will increase by 1.7% annually. Ms. Brown, who has practiced in the area of health care provider negligence for a decade, noted several ambiguities in the law and raised questions about the constitutionality of the caps. The seminar was held at the offices of the Kansas City Metropolitan Bar Association.
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