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MO SB105
Bill
AI Summary
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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.
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Caps noneconomic damages at $350,000 per plaintiff regardless of the number of defendants in healthcare malpractice cases.
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Prohibits courts from instructing juries about the noneconomic damages cap and prevents counsel or witnesses from informing jurors of the limitation during trial.
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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.
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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