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Missouri Medical Negligence Wrongful Death $350,000 Non-Economic/Pain And Suffering Cap Upheld

By November 20, 2020No Comments

The Missouri Supreme Court, in Sanders v. Ahmed, recently upheld the $350,000 statutorily created cap on damages for pain and suffering in medical negligence Wrongful Death lawsuits in Missouri.  The rationale given by the Supreme Court (as further explained in Watts v. Lester E. Cox Medical Centers, a case in which the Missouri Supreme Court struck down the same cap in common law causes of action) is that because Wrongful Death lawsuits were statutorily created (and did not exist at common law), the legislature is free to statutorily limit the remedy thereunder.

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