Filing a medical malpractice case in Missouri or Kansas presents unique challenges due to special laws enacted by state legislators in Jefferson City and Topeka. One of the most significant restrictions involves damage caps - legal limits on the amount of compensation a victim can receive.
Missouri Medical Malpractice Damage Caps
In Missouri, damage caps apply specifically to:
- Medical malpractice cases resulting in death
- Cases involving severe injury
- Non-economic damages (such as pain and suffering)
Even if a jury awards damages above these caps, the judge is required by law to reduce the award to the maximum allowed amount. This means that regardless of what a jury determines to be fair compensation, there is an absolute ceiling on what victims and their families can recover for their non-economic losses.
Kansas Medical Malpractice Damage Caps
Kansas handles damage caps differently:
- Wrongful death cases have a $250,000 cap
- Personal injury cases no longer have damage caps
Impact on Your Case
These damage caps can significantly affect the outcome of your case:
- They limit potential compensation regardless of case severity
- They apply even when a jury determines higher damages are warranted
- They can affect settlement negotiations
While these restrictions may seem unfair and inequitable, they are currently the law in both states. Understanding these limitations is crucial when considering legal action for medical malpractice.
Why Does All Of This Matter?
The existence of these caps makes it especially important to:
- Work with experienced medical malpractice attorneys
- Build the strongest possible case for economic damages
- Understand the realistic potential outcomes of your case
- Consider all available legal options for compensation
