Missouri Supreme Court FInds Damage Cap Unconstitutional

On Tuesday, July 31, 2012, in a 4-3 decision, the Missouri Supreme Court found the State’s $350,000 cap on noneconomic damages in medical malpractice cases to be unconstitutional.  In doing so, the Court stated that “[t]he individual right to trial by jury cannot ‘remain inviolate’ when an injured party is deprived of the jury’s constitutionally assigned role of determining damages according to the particular facts of the case.”  The case is Watts v. Cox Medical Center, SC91867.