Politics

Medical Malpractice Cap Restoration Bill May Not Survive 2013 Session

St. Louis Public Radio | By Marshall Griffin,

Marshall Griffin

Published May 1, 2013 at 4:35 AM CDT

Efforts in Missouri to restore caps on non-economic damages in medical malpractice lawsuits are in limbo.

The Missouri Supreme Courtruled last year that the state’s $350,000 cap was unconstitutional and by design denied injured patients the right to a jury trial. House Bill 112, passed by the Missouri Houseback in March, would restore the cap while placing the right to sue in written state statute. It's currently a recognized right in Missouri of English common law. On Tuesday, theMissouri Senatespent more than eight hours debating the bill. State Senator Jason Holsman(D, Kansas City) says $350,000 is not enough for someone who’s suffered a medical mistake.

"Human beings operating on human beings (is) not a perfect scenario," Holsman said. "All I’m saying is that $350,000 leads to backroom settlements, not juries' discovery of facts."

The bill's Senate handler,Dan Brown(R, Rolla), laid the bill aside after efforts to negotiate a higher cap failed.

"We had negotiated about as much as we can," Brown told reporters. "We offered $500,000 (and) they wouldn’t talk on that one – last offer I heard was $625,000, and no go."

Brown says he’s willing to "stand on my head" if that’s what it takes to get caps restored on non-economic damages, but he also expressed doubt that it will happened before May 17th, the day the legislative session ends.

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Marshall Griffin

Missouri Public Radio State House Reporter Marshall Griffin is a proud alumnus of the University of Mississippi (a.k.a., Ole Miss), and has been in radio for over 20 years, starting out as a deejay. His big break in news came when the first President Bush ordered the invasion of Panama in 1989. Marshall was working the graveyard shift at a rock station, and began ripping news bulletins off the old AP teletype and reading updates between songs. From there on, his radio career turned toward news reporting and anchoring. In 1999, he became the capital bureau chief for Florida's Radio Networks, and in 2003 he became News Director at WFSU-FM/Florida Public Radio. During his time in Tallahassee he covered seven legislative sessions, Governor Jeb Bush's administration, four hurricanes, the Terri Schiavo saga, and the 2000 presidential recount. Before coming to Missouri, he enjoyed a brief stint in the Blue Ridge Mountains, reporting and anchoring for WWNC-AM in Asheville, North Carolina. Marshall lives in Jefferson City with his wife, Julie, their dogs, Max and Mason, and their cat, Honey.

See stories by Marshall Griffin

Marshall Griffin

St. Louis Public Radio State House Reporter Marshall Griffin is a native of Mississippi and proud alumnus of Ole Miss (welcome to the SEC, Mizzou!). He has been in radio for over 20 years, starting out as a deejay. His big break in news came when the first President Bush ordered the invasion of Panama in 1989. Marshall was working the graveyard shift at a rock station, and began ripping news bulletins off an old AP teletype and reading updates between songs. From there on, his radio career turned toward news reporting and anchoring. In 1999, he became the capital bureau chief for Florida's Radio Networks, and in 2003 he became News Director at WFSU-FM/Florida Public Radio. During his time in Tallahassee he covered seven legislative sessions, Governor Jeb Bush's administration, four hurricanes, the Terri Schiavo saga, and the 2000 presidential recount. Before coming to Missouri, he enjoyed a brief stint in the Blue Ridge Mountains, reporting and anchoring for WWNC-AM in Asheville, North Carolina. Marshall lives in Jefferson City with his wife, Julie, their dogs, Max and Liberty Belle, and their cat, Honey.