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Med Mal Cap Challenge To Decide Mo. Lawmakers Power
Law360 (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.
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Mo. High Court Asked To Decide Validity Of Med Mal Cap
Law360 (February 16, 2021, 10:26 PM EST) The Missouri Supreme Court is set to decide whether the state s cap on noneconomic damages in medical malpractice cases is constitutional, after a lower appeals court said Monday that the case in which a woman was awarded $1 million for childbirth injuries was one of first impression.
A three-judge Court of Appeals panel unanimously ruled that a dispute over Missouri s $700,000 cap on noneconomic damages in medical malpractice cases involving a catastrophic injury was properly submitted for transfer to the Missouri Supreme Court by plaintiff Maria del Carmen Ordinola Velazquez. Ordinola had accused University Physician Associates and other health care providers.