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Tom Smith discussed the Missouri Supreme Court Striking Down Non-Economic Damage Cap in Medical Malpractice Cases

In a 4-3 decision, the Missouri Supreme Court ruled the non-economic damage cap in medical malpractice cases violates the Missouri Constitutional right to trial by jury.  In reaching its decision, the Court declared unconstitutional a non-economic damage cap originally enacted by the Missouri legislature in 1986, and amended in 2005.  With this ruling, the Court also overruled a 1992 Missouri Supreme Court case that had declared the cap to be constitutional.