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MO SB239

Bill

Status

Passed

5/7/2015

Primary Sponsor

Dan Brown

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • Creates a statutory cause of action against healthcare providers for personal injury or death arising from healthcare services, replacing common law medical malpractice claims

  • Caps noneconomic damages at $400,000 for personal injury cases and $700,000 for cases involving death or catastrophic personal injury (including quadriplegia, paraplegia, loss of limbs, permanent brain injury, major organ failure, or severe vision loss)

  • Noneconomic damage caps increase automatically by 1.7% annually, with the Director of Insurance calculating and publishing the adjusted amounts each January

  • Excludes English common law from application to healthcare-related claims, establishing that all such claims must proceed under the statutory framework

  • Contains a severability clause providing that if any provision is declared unconstitutional, the entire act becomes invalid and prior law remains in effect

Legislative Description

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

Last Action

Signed by Governor

5/7/2015

Committee Referrals

Select Committee on Social Services4/15/2015
Health and Mental Health4/8/2015
Small Business, Insurance And Industry2/11/2015

Full Bill Text

No bill text available