Section 22 Limitations on Damage Recovery in Medical Negligence Cases
| Library | Damages 2012 |
Section 538.210, RSMo Supp. 2011, places a monetary limit on “noneconomic” damages in a wrongful death action resulting from medical negligence. In these cases, the jury is asked to itemize the damages as past or future economic or noneconomic losses. The jury is not instructed on the limitation for noneconomic damages, and the court reduces any excessive noneconomic award to the maximum amount.
Previously, the cap was adjusted annually for inflation, but in 2005, the legislature reduced the cap to $350,000. This cap does not apply...
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