Missouri Likely To Revisit Malpractice Caps

The Missouri Legislature expects to revisit malpractice liability caps after a law it passed in 2005 was struck down by the state Supreme Court.

That law placed a cap of $350,000 on non-economic or pain-and-suffering damages. It replaced one of the few laws in the country that had a cap that was adjusted for inflation. It had reached $579,000 before it was replaced with the new law eight years ago.

The Supreme Court had ruled in a 4-3 decision that the law violated the right to a jury trial codified in the state's constitution when it was promulgated in 1820. As a result, no cap is currently in place, which could cause malpractice premiums to skyrocket.

“The judiciary, like a bunch of termites, has gone to work undermining that necessary tort reform,” said Republican Lt. Gov. Peter Kinder. “So we're going to have to go back and do the heavy lifting all over again.”

Missouri has a Republican supermajority in its Legislature, although its Governor, Jay Nixon, is a Democrat. 

In a statement, Nixon indicated he is not opposed to some caps on damages.

"What you need there is predictability in that insurance market,” he said."I am not philosophically opposed to some limitation."