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Governor touts medical malpractice caps

By Maria Hickey, KWMU

St. Louis, MO. – Missouri Governor Matt Blunt is praising limits the legislature placed on medical malpractice lawsuits back in 2005.

The governor credits the changes for the drop in the number of claims against Missouri doctors; a more than 60 percent decrease between 2005 and 2006.

The limits include a cap of $350,000 on non-economic damages in medical liability cases.

St. Louis Attorney Ken Vuylsteke says that means those who were not earning a pay check are entitled to just $350,000, even in cases of death.

"An elderly person, a retired person, or a child who's obviously not working, or a stay-at-home mom, to say their life is worth only $350,000, that's before you have to take costs out and attorney's fees, is ridiculous," Vuylsteke said. "It's a travesty."

But Governor Blunt says the system works.

"We all want a level playing field, and if malpractice occurs, then obviously someone needs to be compensated; the patient needs to be compensated for that," he said. "Our system allows for it."

Governor Blunt says there's always concern that judges could throw out the caps as has happened in Wisconsin.

Vuylsteke says he expects the non-economic damages caps will wind up in Missouri's Supreme Court in the next three to four years, especially because the cap is not tied to inflation.

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