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MO HB112

Bill

Status

Engrossed

3/28/2013

Primary Sponsor

Eric Burlison

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Creates a statutory cause of action replacing common law claims for personal injury or death arising from health care services, with the standard that providers must use the degree of skill and learning ordinarily used by similarly situated providers.

  • Caps noneconomic damages at $350,000 per plaintiff regardless of the number of defendants in health care provider liability cases.

  • Prohibits juries from being informed about or instructed on the noneconomic damages cap and prevents any party or witness from mentioning the limitation to jurors.

  • Extends the $350,000 noneconomic damages cap to individuals and entities that provide, refer, coordinate, consult upon, or arrange health care services when they are defendants in health care-related lawsuits.

  • Requires proof of willful, wanton, or malicious misconduct to award punitive damages against a health care provider and treats spouses claiming loss of consortium and all wrongful death claimants as a single plaintiff for damages limitation purposes.

Legislative Description

Establishes a statutory cause of action, replacing the common law action, for damages against a health care provider for personal injury arising out of the rendering of or failure to render health care services

Last Action

Placed on Informal Calendar - SA 2 Pending

4/30/2013

Committee Referrals

Rules2/27/2013
Special Standing Committee on Emerging Issues in Health Care1/24/2013

Full Bill Text

No bill text available