JEFFERSON CITY, Mo. (AP) — The Missouri House pushed Thursday to reinstate a cap on certain damages in medical malpractice cases that the state Supreme Court struck down last summer. Doctors say the cap helps control malpractice insurance premiums and warned that unlimited economic damages for issues such as pain and suffering will harm the availability and affordability of health care in Missouri. Opponents of the cap on damages said it prevents juries from determining in each case what an injured person should receive. An upper limit of $350,000 for noneconomic damages was a major piece of Missouri Republicans' efforts in 2005 to curb liability lawsuits. Before then, the state had an inflation-adjusted cap of $579,000 for noneconomic damages against each defendant for each act of negligence. The Missouri Supreme Court ruled in a 4-3 decision in July that the 2005 law was unconstitutional. The court's majority pointed to the Missouri Constitution's Bill of Rights, which states "the right of a trial by jury as heretofore enjoyed shall remain inviolate." Because Missourians had a common-law right to seek damages for medical malpractice claims when the constitution was enacted in 1820, the court concluded any limit on damages that restricts the jury's fact-finding role violates the constitutional right to trial by jury. The state House legislation would eliminate the common-law right to file a lawsuit over health care services while replacing it with a statutory right to sue. The previous noneconomic damages cap of $350,000 would remain in place. A Senate committee held a public hearing last month about a similar bill. Rep. Keith Frederick, who is an orthopedic surgeon, said new doctors have options about where they will work and that the medical malpractice climate is a factor they consider. He said if the sky is the limit, an unintentional error could prompt a jury award that far exceeds a doctor's insurance coverage. "Physicians are staring down the barrel of that potential lawsuit every day," said Frederick, R-Rolla. House members approved the legislation 93-62 with 10 Republicans joining all 52 Democrats in opposition. It now moves to the state Senate. Critics call for the protection of the fundamental right to a jury trial. One lawmaker questioned whether passing a new state law instead of a constitutional amendment would be sufficient to overcome the constitutional problems cited by the Supreme Court. Rep. Rory Ellinger, who has represented plaintiffs in medical malpractice cases, said such lawsuits are risky for lawyers because they often are lengthy and expensive. He said usually doctors and that insurance companies don't like to settle. Ellinger, D-University City, said it is unjust to limit noneconomic damages to $350,000 for someone who has been seriously injured. "The system is not broken. Everyone has a right to go to court. Don't place a barrier on everyday people who get hurt," he said. Missouri's renewed efforts to curb liability in medical malpractice cases comes after the Kansas Supreme Court last fall upheld that state's limit of $250,000 for noneconomic damages. Democratic Gov. Jay Nixon has said the insurance market needs to be predictable and that he is not "philosophically opposed" to limits. Cadeuces