Watts v. Cox Medical Centers, et al.

Case Updates

The Missouri Supreme Court ruled that the state’s cap on medical malpractice damages is unconstitutional because it infringes on “the jury’s constitutionally protected purpose of determining the amount of damages sustained by an injured party.” In its amicus brief, NCLC had argued that Missouri's tort reform measures have had a positive effect on the costs and availability of medical services in the state. NCLC also explained that the Missouri Supreme Court had already upheld noneconomic damages caps as constitutional. The Court declined to address the constitutionality of the statute’s “periodic payments” provision, which allows for payment of future medical costs as they are incurred, rather than in a prospective lump sum. The decision to strike down the cap could have a negative effect on the Missouri economy and the availability of medical services and insurance for the residents of Missouri.

NCLC urged the Missouri Supreme Court to uphold as constitutional Missouri tort reform measures that impose a cap on noneconomic damages in medical malpractice cases and that allow for periodic payment of future medical costs as they are incurred, rather than in a prospective lump sum. According to NCLC's amicus brief, Missouri's tort reform measures have had a positive effect on the costs and availability of medical services in the state. NCLC argued that nothing in the Missouri constitution bars either the noneconomic damages cap or the periodic payment provision, and that the Missouri Supreme Court has already upheld noneconomic damages caps as constitutional. NCLC warned that a decision to strike down the noneconomic damage limit would undermine the principle of stare decisis, and could lead to challenges to other legislative policy choices with respect to the extent of liability in Missouri. Moreover, striking down either provision would have a negative effect on the Missouri economy and the availability of medical services and insurance for the residents of Missouri.