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MO SB64
Bill
AI Summary
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Plaintiffs must prove noneconomic damages by clear and convincing evidence (instead of preponderance of evidence) in medical malpractice cases filed on or after August 28, 2013.
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Noneconomic damages are capped at $350,000 per plaintiff regardless of the number of defendants.
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Limitation on noneconomic damages applies to any individual or entity providing, referring, coordinating, consulting upon, or arranging health care services.
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Jury cannot be informed of the noneconomic damages cap and counsel cannot mention the limitation during trial proceedings.
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Punitive damages against health care providers require proof of willful, wanton, or malicious misconduct by the defendant.
Legislative Description
Changes the evidentiary standard in medical malpractice cases to clear and convincing for noneconomic damages
Last Action
Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee
2/4/2013