KCUR News
5:52 pm
Sun January 17, 2010

MO Supreme Court Hears Medical Malpractice Case

Jefferson City, Mo. – The Missouri Supreme Court heard arguments last Thursday regarding how much money people can be awarded in medical malpractice cases.

In 2005, James and Mary Klotz won a lawsuit against a St. Louis area hospital, after James contracted a staph infection while receiving a pacemaker. But the damages they won were limited due to a state law passed the same year they won their case that allows caps to be place retroactively on non-economic damages in medical malpractice suits.

Their attorney contends the retroactive cap is unconstitutional. Attorney Tad Eckenrode, representing the hospital, defends the law:

"This legislation was simply our legislature's attempts to find a way to make the provision of health care more affordable and more accessible for all Missourians," said Eckenrode.

The state's High Court will rule on the case later.