The Missouri Supreme Court held recently that damage caps are unconstitutional under Missouri state law because they take away from the jury the ability to award fair, just and reasonable personal injury damages and wrongful death damages to those injured by medical mistakes.
The landmark ruling came as the result of a medical malpractice lawsuit that had been brought by a Missouri woman, whose infant son had suffered severe and permanent brain damage as a result of her doctor’s gross negligence.
At 39 weeks pregnant, the woman went to her doctor, informing him that she was experiencing cramping, and that the fetus inside her was decreasing in activity. The doctor, however, failed to recognize or discuss the significance of these symptoms with the mother-to-be, and also failed to perform any additional monitoring or testing of the fetus.
The next day, the mother’s condition worsened, and she was forced to get an emergency C-section.
In the meantime, the fetus had been suffering from a lack of oxygen, causing irreparable and permanent brain damage.
Previously, victims of medical malpractice in Missouri were limited to damages of no more than $350,000, often impairing the ability of the jury to fairly compensate the injured party for their losses, including past and future medical bills.
If you or your child were injured as a result of a doctor’s negligence and are seeking an expert Massachusetts attorney to represent you, please contact our Boston, MA birth injury lawyer specialists, Boston, MA personal injury lawyer experts or Massachusetts wrongful death attorney advocates now at 617-787-3700 or at firstname.lastname@example.org.
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