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Schultz & Myers Oppose Capping Medical Malpractice Damages in Missouri

Missouri legislature in 2014 will consider limiting medical malpractice awards even though the Missouri Supreme Court ruled in 2012 the same proposal was unconstitutionalSome Missouri lawmakers again are trying to protect the insurance industry by capping medical malpractice financial awards when you are disabled due to the negligence or careless care by others.

They propose to limit medical malpractice awards to $350,000 even though the Missouri Constitution protects you today with unlimited damages. The Missouri Supreme Court took your side in 2012 when it ruled this same attempt was illegal.

Missouri is among six states that protect you with unlimited financial support when medical professionals and their support staffs disable you or cause wrongful death.

The Missouri medical malpractice financial cap will be debated at the State Capital in Jefferson City in January and if passed, would be the one of the most restrictive limit in the country. At least a dozen states including Washington D.C. permit unrestricted damage awards and lawsuits have been filed in seven other states to make such limits unconstitutional.

Reasons for Medical Malpractice Limits Proven False

Stephen Schultz, founding partner, Schultz & Myers Law FirmStephen Schultz, founding partner of Schultz and Myers Law Firm, criticizes the medical malpractice limit proposal because it penalizes injured people more than once.

“Caps on compensatory damages in medical malpractice lawsuits do nothing to curtail “frivolous lawsuits,” Schultz said. “Instead, they leave seriously injured men, women, and children short of complete justice.

“In essence, the victim is victimized twice, first by the negligent physician and second by a system of caps on full justice.”

Former Missouri Supreme Court judge Michael Wolff, now a professor of law at St. Louis University, says changing the law does not change real-life reality. He told West Newsmagazine that from 2002 to 2010, the number of yearly malpractice claims in Missouri remained about the same, even though the legislature restricted financial damages during the last half of that time period.

How to Protect Your Medical Malpractice Rights

Schultz and Myers urge you to contact your Representative and Senator to let them know that you oppose medical malpractice limits because they would penalize you and your family.

If you need answers to questions you have about medical malpractice or any issue affecting you if you are injured as the result of actions by others, talk to us first before anyone else, especially an insurance company. Call us immediately at Schultz and Myers at 314-444-4444 for a no-obligation free consultation.

Disclaimer: The information in this article is only for general information purposes only. Nothing in this article should be taken as legal advice for any individual case or situation. This information provided in this article is not intended to create an attorney-client relationship; receipt or viewing of this information does not constitute or create such a relationship.

The choice of a lawyer is an important decision and should not be based solely on advertisements. The Supreme Courts of Missouri, Illinois, or Arkansas along with the Missouri Bar, Illinois Bar, or Arkansas Bar reviews or approves certifying organizations or specialists designations. Past results affords no guarantee of future results. Every case is different and judged on its own merits.

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