Maryland is not the only case with upcoming battles and decisions to make about its medical malpractice cap. Missouri Lawyers Weekly reports that a St. Louis judge reduced a $6.8 million medical malpractice verdict to $1.28 million in a case Plaintiff is expected to appeal. This was an awful case involving the death of a three-year-old boy.
The Plaintiff’s malpractice lawyer’s angle, in this case, is interesting. Plaintiff claims that when Missouri imposed its new cap on malpractice pain and suffering damages, it repealed the old law. Therefore, cases arising under the old cap no longer have a cap and the court should award the boy’s family the full $6.8 million.
This is a tough argument. In Maryland, there is a far more cogent argument that the legislature repeals the cap in cases where arbitration is waived such as Semsker v. Lockshin, a case the Maryland Court of Appeals is considering now.