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MO SB105

Bill

Status

Introduced

1/9/2013

Primary Sponsor

Dan Brown

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • Excludes common law claims relating to healthcare services from English common law and replaces them with a statutory cause of action based on failure to use ordinary skill and learning by similarly situated healthcare providers.

  • Caps noneconomic damages at $350,000 per plaintiff regardless of the number of defendants in healthcare malpractice cases.

  • Prohibits courts from instructing juries about the noneconomic damages cap and prevents counsel or witnesses from informing jurors of the limitation during trial.

  • Extends the $350,000 damages cap to any individual or entity that provides, refers, coordinates, consults upon, or arranges healthcare services and is named as a defendant.

  • Requires punitive damages against healthcare providers only upon proof of willful, wanton, or malicious misconduct rather than simple negligence.

Legislative Description

Creates a statutory cause of action for damages against health care providers

Last Action

Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee

2/4/2013

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence1/24/2013

Full Bill Text

No bill text available