HCS/HB 273 - This act enacts several tort reform measures.

LEGAL EXPENSE FUND (Section 105.711)- Provides that the maximum liability of the fund to any one claimant shall be $500,000. Adds attorneys practicing pro bono at tax-exempt nonprofit community social services centers to coverage from the Fund up to $500,000.

IMMUNITY ON LAND NEAR PUBLIC TRAILS - (Section 258.100) Provides that the immunity from liability for injuries on private land adjoining a public trail shall not extend when the injuries were caused by the failure of the owner of the land to warn of an artificial condition that is likely to cause death or serious injury.

SEAT BELT VIOLATIONS (Section 307.178) - This act increases the amount from 1% to 10% that the trier of fact may reduce the plaintiff's recovery for failure to wear a seat belt.

LIENS FOR HEALTH PRACTITIONERS (Section 430.225) - Allows liens for health practitioners who provide medical services to patients injured by tortfeasors. The original enactment of this section was rule unconstitutional by the Supreme Court based on a Hammerschmidt problem.

VENUE (Sections 508.010, 508.040 and 508.120) - This provision requires that venue in all tort actions, including torts for improper healthcare but excluding suits against motor carriers, shall only be in county where cause of action accrued. Residence for a corporation is either the county where the registered agent is located, or if no such agent exists, then Cole County. In suits against corporations, venue shall only be in the county where the cause of action accrued or the county of the corporation's residence. The act allows any defendant to move for change of venue upon the adding of a new defendant if current venue would have been inappropriate if new defendant had initially been named.

PUNITIVE DAMAGES (Section 510.263) - In tort actions, including for improper healthcare, the act allows discovery of defendant's assets only after judge determines that plaintiff has a submissible case on punitive damages. The jury must find by clear and convincing evidence that defendant's actions or omissions were willful, wanton or malicious. With certain exceptions, punitive damages are capped at the greater of $500,000 or five times the net amount of the plaintiff's judgment.

CLASS ACTION CERTIFICATION (Section 512.023) - Orders granting or denying class certification shall be appealable.

SUPERSEDEAS BONDS (Section 512.080) - This act establishes a $25 million limit on supersedeas bonds for any judgment in excess of $25 million. The remainder of the judgment shall be an immediate but nonexecutable lien on the assets of the appellant.

DEFINITION OF "COSTS" (Section 514.035) - The act defines the term "costs" to mean the total of certain enumerated fees and charges.

MEDIATION (Section 514.060) - Requires mediation in all tort cases with claimed damages in excess of $25,000, unless the court finds that mediation has no chance of success. Costs of mediation are shared equally by the parties. If mediation is not successful, the mediator shall submit a sealed report to the court that cannot be opened until after trial. The act awards costs to the prevailing party which is defined as the plaintiff, if the plaintiff's net recovery exceeds their last position at mediation, and defined as the defendant, if the plaintiff's net recovery is less than the defendant's last position at mediation. If plaintiff's net recovery is between the two positions, neither party prevails nor pays the costs of the other party.

STATUTE OF LIMITATIONS IN ACTIONS AGAINST HEALTH CARE PROVIDERS (Section 516.105) - The act reduces the statute of limitations for minors less than 18 from the minor's 20th birthday to two years from the date of occurrence of the alleged medical malpractice.

DELAYS IN FILING ACTION (Section 516.170) - Extensions of time to file a cause of action once the disabilities of minority or mental incapacity are limits to seven years for causes of action accrued after August 28, 2000.

JOINT AND SEVERAL LIABILITY (Section 537.067) - Except where a principal-agent or contractual relationship exists, the doctrine of joint and several liability is abolished.

PADDLESPORT LIABILITY (Section 537.327) - Limits liability of paddlesport outfitters for injury or death cause by inherent risks of paddlesport activities.

AFFIDAVITS IN TORT ACTIONS AGAINST LICENSED PROFESSIONALS (Section 537.530) - This provision requires an affidavit from a similarly licensed professional supporting a cause of action for non-medical claims of professional negligence.

ATTORNEY CONTINGENCY FEES (Section 537.767) - Limits attorneys' contingency fees in all tort actions to 33% of the first $500,000, 28% of the next $500,000 and 15% of all damages recovered in excess of $1 million.

ATTORNEY FEES IN CLASS ACTION LAWSUITS (Section 537.768) - Limits attorneys fees in class action lawsuits to 10% of the value of the judgment or settlement actually collected by members of the class, taking into account the value of coupons and discounts.

PUBLIC AGENCY CONTINGENCY FEE AGREEMENTS (Section 537.770) - Prohibits the attorney general or any state agency from entering into a contingency fee agreement in excess of $1 million or any agreement providing an incentive bonus in excess of $1 million for any tort action.

DEFINITIONS (Section 538.205) - Adds long-term care facilities (convalescent, nursing and boarding homes) to definition of "health care provider" as used in tort actions based on improper health care. Modifies definition of "punitive damages" to include exemplary damages and damages for aggravating circumstances.

MEDICAL MALPRACTICE NONECONOMIC DAMAGES CAP -(Section 538.210) - This provision removes the words "per occurrence" to ensure that there is a single cap, and not multiple caps per incidents of medical malpractice as held by the court in Scott v. SSM Healthcare. Individuals whose liability is based on acts or omissions of an agent are treated as one defendant. All individuals and entities asserting a wrongful death claim are considered one plaintiff. The provision that subjects cap on noneconomic damages to periodic inflation increases is removed.

DAMAGE CAPS FOR TRAUMA CARE (Section 538.213) Limits civil damages against certain physicians, dentists, hospitals and hospital employees to $150,000 in claims arising out of emergency room care.

AFFIDAVIT OF MERIT (Section 538.225) - This provision would require (current law is discretionary) a court to dismiss any medical malpractice claim for which the plaintiff fails to file an affidavit stating that he or she has obtained the written opinion of a health care provider which states that the defendant failed to use such care as a reasonably prudent and careful health care provider would have under similar circumstances and that such failure caused the plaintiff's damages. The act limits extensions of time to file such affidavit to 90 days. The provision also requires the expert to be licensed and actively practicing in substantially the same specialty as the defendant.

BENEVOLENT GESTURES (Section 538.226) - This provision would make statement, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident inadmissible as evidence in a civil action. Statements of fault, however, shall not be inadmissible.

QUALITY ASSESSMENT RECORDS (Section 538.301) Prohibits certain quality assessment committee records, written proceedings or documents produced by or through the activities of any state or federal agency from being subject to release by subpoena or other means of compulsion or admissible in certain civil, criminal and administrative proceedings. Prohibits civil liability for a person's act done in good faith as a member of a quality assessment committee. Persons related to such committees cannot be compelled to testify with respect to such records and documents or actions taken by the committee.

MISCELLANEOUS CASES (Section 1) - This provision allows for the filing of a miscellaneous case against anonymous persons in order to secure copies of health care records. Such filing shall toll the statute of limitations for 120 days.

SEVERABILITY CLAUSE (Section 2) - The act includes a severability clause.

This act is similar to SCS/SB 280 (2003).
JIM ERTLE