Missouri resident fights for compensation of wife's death
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Missouri resident fights for compensation of wife's death

Date: November 2, 2011
By: Rebecca Woolf
State Capitol Bureau

Intro: 
The Missouri Supreme Court heard a case from a grieving widower demanding full compensation for the death of his wife.
RunTime:  0:48
OutCue:  SOC

Wrap: Ronald Sanders says his wife died because of medical malpractice.

A court awarded him almost ten million dollars.

But now he gets about one million.

That's because a state law places a cap on the amount of money that can be awarded to plaintiffs.

The doctor's attorney Tim Aylward says it's normal for courts to take both laws and facts of the case into account when making decisions.

Actuality:  TIM.WAV
Run Time:  00:12
Description: "Every day in this state and across the country, juries and judges decide cases within a matrix of framework of laws that come to them by precedent, and also by the legislature."
He says the legislature is not taking power away from the courts.

Sanders' attorney says this law prevents the courts from determining final awards.

The Supreme Court has not yet ruled on the case.

From the state Capitol, I'm Rebecca Woolf.

Intro: 
The attorney for a grieving widower came before the Supreme Court to demand full compensation for his client.
RunTime:  0:49
OutCue:  SOC

Wrap: Ronald Sanders says his wife died as a result of medical malpractice and that he deserves the almost ten million dollar compensation a jury awarded him.

But that has since been reduced to about one million dollars.

That's because state law caps the amount of money plaintiffs can receive for malpractice.

His attorney Steve Hobson says this law violates the separation of powers by taking the court's power to determine amounts of compensation.

Actuality:  HOBS3.WAV
Run Time:  00:10
Description: "My client was entitled to $10 million and the legislature, without knowing any of the facts of the case, said, 'Oh no he's not. He's only entitled to this amount.'"

The defendant says the statute's cap on damages doesn't force the court to rule in a specific way ... it just places a general limit on awards.

The Supreme Court has not yet ruled on the case.

From the state Capitol, I'm Rebecca Woolf.