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MO SB149

Bill

Status

Introduced

1/20/2011

Primary Sponsor

Rob Schaaf

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Expert witnesses testifying on medical standard of care in physician malpractice cases must be licensed physicians who were actively engaged in clinical practice devoting at least three-fourths of their professional time to the same specialty as the defendant within one year of the alleged occurrence.

  • An expert in one medical specialty may not testify against a physician in another specialty unless the expert demonstrates that the standards of care are substantially the same and has substantial familiarity between the specialties.

  • Out-of-state licensed physicians who testify as expert witnesses in Missouri malpractice cases are deemed to have a temporary license and remain subject to the state's board of registration for the healing arts.

  • Evidence is inadmissible if obtained through third parties receiving contingency fees for providing, locating, or arranging medical expert witnesses, or if provided by expert witnesses who agreed to testify on a contingency fee basis.

  • Medical expert witnesses who provide testimony on a contingency fee basis or knowingly provide false, fraudulent, or misleading testimony shall be considered to have committed unprofessional conduct.

Legislative Description

Modifies the laws regarding the testimony of physicians as expert witnesses in lawsuits against physicians for improper health care

Last Action

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

1/27/2011

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence1/27/2011

Full Bill Text

No bill text available