Lawyers can sue state for medical malpractice liability, even if they’re not the ones at fault.
The lawyers in the US who are suing over the state’s healthcare system are using the “malpractice cap” provision of the state constitution, which allows them to sue the states for damages for the cost of medical services provided, including medical malaccuses.
The state of Missouri, which has a $6.2bn annual budget deficit, has taken aim at the law in a legal action brought by more than a dozen lawyers, hospitals, doctors and others.
The Missouri Supreme Court last week upheld a lower court’s ruling that the state can use the cap to pursue the claims of malpractice claims by more people than the state needs to.
“It’s a great law,” said one lawyer, who requested anonymity to discuss the matter.
“But there are people who think that it’s a little unfair.
The cap has been used in other states and in other jurisdictions to bring malpractice suits, and it’s certainly not the law of the land here.”
Missouri’s lawsuit was launched in 2015 in a case brought by the National Association of Attorneys General, the National Hospitals Association, the Association of American Medical Colleges and the Missouri Bar Association, among others.
Missouri’s lawyers argued that Missouri has a “cap on the maximum amount of malaccus liability that a plaintiff can receive, regardless of whether he or she is a physician, hospital or a nurse practitioner”.
The state had previously used the cap, but the Supreme Court overturned that ruling, saying the state was using it to “protect the public health and safety”.
Mississippi’s lawyers, however, said the cap was a “misguided” attempt to “burden the people of Mississippi with medical malpractices” and called it “a dangerous and unfair law”.
The cap is the second major legal challenge to the healthcare law that has recently been filed by a state.
Last week, the US Supreme Court rejected a challenge from a group of healthcare providers, healthcare providers in California and the New York State Nurses Association.
Meanwhile, lawyers are still working to bring a lawsuit against the state of Alabama.
Last month, lawyers for the state filed a federal lawsuit alleging that Alabama has a medical malapportionment law that violates the 14th Amendment of the US Constitution, which guarantees equal protection under the law.
This article was amended on 9 November 2018 to correct a mistake in the title of the article.