SS/SB 239 - Currently, Missouri follows the common law of England as of 1607, unless the General Assembly abrogates from the common law statutorily. This act excludes from the English common law claims arising out of the rendering of or failure to render health care services by a health care provider.
The act also creates a statutory cause of action for damages against health care providers for personal injury or death arising out of the rendering of or failure to render health care services. In such action against a health care provider for damages a plaintiff shall not recover more than $400,000 in noneconomic damages for personal injury, no more than $700,000 in noneconomic damages for a catastrophic personal injury, as defined in the act, and no more than $700,000 in noneconomic damages for death. These limitations shall increase by 1.7% each year, and the value calculated by the Director of the Department of Insurance.
When a jury does return a verdict awarding noneconomic damages exceeding $400,000, and upon a post-trial motion, the trial court shall determine whether the limitations as provided in the act shall apply.
The act provides that if a court declares any part of the act unconstitutional then the act and the sections it amends in their entirety shall have no legal effect as of the date of such judgment.
This act is identical to SCS/HB 118 (2015) and similar to SB 589 (2014), HB 1173 (2014), SB 105 (2013), and HB 112(2013).