Mo. Senate forwards medical malpractice reform bill

The Missouri Senate yesterday advanced a bill to install caps on noneconomic damages in medical malpractice cases, similar to legislation passed by the House of Representatives a week ago.

Senate Bill 239 calls for a $400,000 cap on personal injury cases and $700,000 in noneconomic damages for catastrophic personal injury or wrongful death lawsuits. Last Friday, House members gave approval to House Bill 118, which would reinstate a $350,000 limit on noneconomic damages, according to Springfield Business Journal archives.

HB 118, sponsored by Rep. Eric Burlison, R-Springfield, received a first read by the Senate March 9, according to House.Mo.gov.

Senate President Pro Tem Tom Dempsey, R-St. Charles, said SB 239 aims to protect health care providers, according to a news release.

“By reinstating caps on noneconomic damages in medical malpractice lawsuits, we will reduce incentives for these frivolous lawsuits,” Dempsey said in the release. “Overall, it means more accessible health care for all Missourians.”

The General Assembly in 2005 sought to lower caps on jury awards for pain and suffering in medical malpractice cases, and in 2012, the state Supreme Court struck down the legislation and removed the caps, the release said.

“We are now starting to see some of the effects on medical malpractice insurance premiums since the Supreme Court decision as they continue to rise,” said bill sponsor Sen. Dan Brown, R-Rolla, in the release. “We need to support our medical professionals who provide Missourians the quality care they deserve.”

SB 239 moves to the House for consideration.