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MO HB118
Bill
Status
3/9/2015
Primary Sponsor
Eric Burlison
Click for details
AI Summary
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Creates a new statutory cause of action for medical malpractice claims, explicitly replacing common law causes of action against health care providers for personal injury or death
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Requires plaintiffs to prove the health care provider failed to use the degree of skill and learning ordinarily used by similarly situated providers, and that this failure proximately caused injury or death
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Caps noneconomic damages at $350,000 regardless of the number of defendants in the case
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Prohibits juries from being informed about the noneconomic damages cap during trial proceedings
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Requires punitive damages awards against health care providers only upon showing of willful, wanton, or malicious misconduct
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 services
Last Action
Executive Session Held (S) - SCS voted do pass
4/28/2015