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Is medical malpractice litigation a viable option for me? P.2

In our last post, we began speaking about some of the factors that play
into medical malpractice litigation, particularly when such litigation
may or may not be a viable option for an injured patient. As we noted,
the viability of a medical malpractice case really depends on specific
factors, such as the extent and seriousness of the injuries and the patient’s
loss of earnings.

Along with these factors, any limitations on the patient’s ability
to win damages must be considered. Here, we are talking primarily about
damages caps. Some of our readers may know that Governor Nixon
signed a bill into law earlier this year which caps certain damages in medical malpractice cases.

Specifically, the law caps noneconomic damages at $400,000 in most medical
malpractice cases. To be clear, the law does not affect economic damages,
which include the cost of medical care and lost earnings. The term noneconomic
damages refers to damages such as pain and suffering, loss of enjoyment,
and similar damages that cannot be readily measured in monetary terms.
The idea behind capping these damages is to reign in excessive awards
and to reduce the cooling effect on health care providers.

So, part of the reason behind capping these damages is that it is good
for the economy. The problem, of course, is that noneconomic damages can
be very important in medical malpractice cases, particularly in cases
where the patient doesn’t have much coming to them in the way of
economic damages. This could be because the nature of the injury is such
that medical costs addressing it are not that significant, and/or because
the patient didn’t have significant earnings at the time of the injury.

In our next post, we’ll wrap up this discussion and offer some thoughts
on how an experienced attorney can help those who have
suffered from medical malpractice.

Medical Malpractice

Medical malpractice is the third leading cause of death in U.S.

The statement is a shock to our national pride, but according to studies, it\’s true: medical negligence and preventable error is the third leading cause of death in the United States. It trails only cancer and heart disease. According to a study published last year in the Journal of Patient Safety, medical negligence kills at least 210,000 Americans per year. That\’s the minimum number of fatalities by preventable harm in

Awards & Recognition

JVM Secures the Largest Jury Verdict for Medical Malpractice in 2021

In March of 2021, a Greene County jury awarded more than $34 million to the family of an infant born with severe medical problems at CoxHealth Hospital in Springfield, Missouri. This award has been named the largest medical malpractice verdict in the State of Missouri last year by Missouri Lawyers Weekly, a legal trade publication that follows the state’s legal industry. JVM does not shy away from a tough fight.

Car Accidents

Man killed roadside while helping grandson

Grandparents not only share wisdom earned over their years, but most important, they show their love. A Missouri grandfather was recently helping his teenage grandson with a troublesome car when tragedy struck. The 64-year-old grandfather was killed in a car accident as he sat in his vehicle with his grandson on Missouri 152, about 160 miles north of Joplin. The pair was sitting roadside in Parkville, with the vehicle’s flashers

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