Carter Law Offices

Free Consultations: 816-283-3500

  • Home
  • Firm Overview
    • Douglas L. Carter
    • Katie Vandaveer
    • Henry the Dog
  • Practice Areas
    • Employment Law
    • Legal Malpractice
    • Business & Commercial Litigation
    • Housing Discrimination
    • Motor Vehicle Accidents
    • Nursing Home Neglect
    • Dog Bites
    • Serious Injury and Wrongful Death
  • Video Center
  • Testimonials
  • Blog
  • Articles
  • Contact
Carter Law Offices
816-283-3500
  • Home
  • Firm Overview
    • Douglas L. Carter
    • Katie Vandaveer
    • Henry the Dog
  • Practice Areas
    • Employment Law
    • Legal Malpractice
    • Business & Commercial Litigation
    • Housing Discrimination
    • Motor Vehicle Accidents
    • Nursing Home Neglect
    • Dog Bites
    • Serious Injury and Wrongful Death
  • Video Center
  • Testimonials
  • Blog
  • Articles
  • Contact

Free Initial Consultations Are Available Now

  1. Home
  2.  | 
  3. Articles
  4.  | 
  5. Missouri Supreme Court protects the right to a jury trial in medical negligence cases

Missouri Supreme Court protects the right to a jury trial in medical negligence cases

One key component to any medical negligence case is uniqueness. A victim’s suffering cannot be reduced or rounded to a simple number. Every instance of negligence is its own story and in turn, every victim’s recovery should be evaluated on a case-by case basis. Fortunately, all medical negligence cases implement a constitutional right – the right to a trial by jury – that protects the unique evaluation of every case.

It is the legal system’s responsibility to protect the right to a trial by jury. Fortunately, the Supreme Court has lived up to that obligation. Last summer, the Missouri Supreme Court struck down a 2005 state law, which capped noneconomic damages (for pain and suffering) in medical malpractice cases at $350,000. In its decision, the court noted that the law infringed on a person’s right to trial by jury, which includes the right to jury-determined damages.

Watts v. Lester Cox Medical Centers

The case before the court involved a young boy who was born with brain injuries at a hospital in Springfield, Missouri. The mother of the boy sued the hospital and a number of attending physicians for negligent care involved in a delayed cesarean delivery necessitated by fetal hypoxia and acidosis. The jury ruled in favor of the mother, awarding approximately $3.4 million in future medical damages and $1.5 million in noneconomic damages. Subsequent to the jury’s ruling, the judge reduced the noneconomic damages to $350,000 or the limit set by Missouri law.

When the award was reduced, the plaintiff appealed, noting that the right to a jury trial, as guaranteed in the Missouri State Constitution, was violated because the jury award was not honored. The plaintiff noted that because medical negligence cases existed in 1820, when the Constitution was adopted, the right to a jury trial is inviolate in that it applies to injury and medical negligence cases.

The Missouri Supreme Court agreed. According to the court, allowing the legislature to limit the amount a jury could award took the power out of the hands of the jury, contradicting the Missouri State Constitution.

Before the ruling, the National Conference of State Legislatures notes that Missouri was one of about two dozen states with laws that cap noneconomic damages in malpractice suits. However, as in the case of Missouri’s former legislation, many of these laws have not survived constitutional muster.

Missouri’s final ruling in Watts means that victims of medical malpractice will retain the right to a jury trial. Furthermore, with this right comes the privilege of personal case evaluation, which permits the jury to assess the noneconomic damages in each case without a cap.

If you have been injured as a result of medical negligence, contact an experienced personal injury law attorney. A lawyer can help you pursue appropriate damages.

Practice Areas

  • Employment Law
    • Age Discrimination
    • Disability Discrimination
    • Pregnancy Discrimination
    • Racial Discrimination
    • Religious Discrimination
    • Sexual Harassment
    • Hostile Work Environment
    • FMLA Leave
    • Wage Issues
    • Whistleblowers
    • When OSHA Rules Aren’t Followed
    • Wrongful Termination
  • Legal Malpractice
  • Business & Commercial Litigation
    • Shareholder Disputes
    • Shareholder Squeeze-Outs
  • Housing Discrimination
  • Motor Vehicle Accidents
    • What to Do After a Car Accident
    • How an Attorney Helps After a Car Accident
    • Types of Auto Accidents
    • Bicycle Accidents
    • Boating Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Uninsured/Underinsured Motorists
  • Nursing Home Neglect
    • Bed Sores/Pressure Ulcers
    • Elopement/Wandering
    • Failure to Monitor
    • Financial Exploitation of the Elderly
    • Group Home Neglect and Abuse
    • Healthcare Fraud and Abuse
    • Malnutrition / Dehydration
    • Medication Errors in Nursing Homes
    • Nursing Home Falls
    • Physical Abuse
    • Psychological Elder Abuse
    • Signs of Elder Abuse
  • Dog Bites
    • What to Do If Bitten
  • Serious Injury & Wrongful Death
    • Amputation
    • Brain Injuries
    • Burn Injuries
    • Electrical Burns/Electrical Injury
    • Injuries to Children
    • Spinal Cord Injuries/Paralysis
    • Wrongful Death
  • Truck Accidents
    • What to Do in a Truck Accident
    • Aggressive Driving and Road Rage
    • Commercial Vehicle Negligence
    • Delivery Truck Accidents
    • Drug & Alcohol Abuse by Truck Drivers
    • Equipment Design and Failure
    • Negligent Hiring of Truck Drivers
    • Overloaded Trucks & Unsecured Loads
    • Texting and Trucking
    • Truck Crash Statistics
    • Truck Driver Employer Negligence
    • Truck Driver Fatigue
    • Unsafe Highway Conditions and Maintenance

Contact Us For A Free Initial Consultation

Carter Law Offices

Office Location

2600 Grand Blvd.
Suite 560
Kansas City, MO 64108

kansas city law office

Phone Number

816-283-3500

Fax

816-283-3084

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

© 2026 Carter Law Offices • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

  • Follow
Review Us