JEFFERSON CITY -- On Jan. 29, more than 500 doctors dressed in their white coats descended on the Capitol to encourage lawmakers to pass legislation that would rein in malpractice lawsuits. Chesterfield physician Dr. Gary J. Metz was among those who participated "White Coat Day," and met with Sen. John Loudon, R-West County, to discuss the growing crisis in medical care.
"I agree with these doctors, it is imperative that this session the Missouri General Assembly passes legislation that will defend individuals who need legal protection but also shields the neighbor next door from the rising cost of healthcare," said Sen. Loudon. "I have joined with 17 other members of the Republican majority caucus in sponsoring Senate Bill 280, which is meant to bring back common sense to our legal system and restore affordability and accessibility to healthcare."
Missouri physicians have seen their medical lawsuit insurance premiums soar to the highest rates since the mid-1980s.
A variety of reforms are included in SB 280 that should make Missouri's legal system more fair and equitable to all parties.
One of the provisions in this bill is a cap that would be placed on contingency fees for attorneys.
"We want to make it less profitable for lawyers to bring frivolous lawsuits," Sen. Loudon said. "Missouri's legal system has become a haven for attorneys to file frivolous lawsuits in hopes of forcing healthcare providers to offer a settlement rather than pay the high legal cost of a trial."
Attorney's contingency fees in medical malpractice actions would be limited to 33 percent of the first $50,000 recovered; $25,000 of the next $50,000, 15 percent of the next $500,000; and 10 percent of any amount exceeding $600,000. In no case will an attorney collect fees, charges, or any other costs which in the aggregate total more than 33 percent of the total charges.
Among other changes would be limiting punitive damages in all civic actions tried before a jury to three times the liability of the defendant for compensatory damages.
Punitive damages in medical malpractice actions would be limited only to when the defendant's actions were due to evil motives or reckless indifference. Punitive damages would be capped at two times the total damages.
While much of this legislation addresses problems in healthcare, it also attempts to correct the abuses in Missouri's legal system that have driven up the cost of consumer products, strangled businesses with unwarranted lawsuits and continue to drive companies and jobs from the state.
"If this crisis in healthcare is not addressed immediately we will be unable to get doctors to staff emergency rooms or deliver babies," said Sen. Loudon. "Individuals, small businesses and many other groups will not be able to afford health insurance."