yourstate.us

Revised Statutes of Missouri Chapter 538 — Tort Actions Based on Improper Health Care

Missouri · statute · Mo. Rev. Stat. ch. 538 · 11 active provisions

11 active provisions.

Provisions

Mo. Rev. Stat. § 538.210

No common law cause of action — limitation on noneconomic damages — jury not to be informed of limit — limit — punitive damages, requirements — annual increase on damages limit, amount — nonseverability clause

1. A statutory cause of action for damages against a health care provider for personal injury or death arising out of the rendering of or failure to render health care services is hereby created, replacing any such common law cause of action. The elements of such cause of action are that the health care provider failed…

MissouriTort Actions Based on Improper Health CareEffective 2020-08-28effective
Mo. Rev. Stat. § 538.215

Damage itemization by trier of fact — excess noneconomic damages to be reduced by court

1. In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the failure to render health care services, any damages found shall be itemized by the trier of fact as follows: (1) Past economic damages; (2) Past noneconomic damages; (3) Future medical damages…

MissouriTort Actions Based on Improper Health CareEffective 1986-02-03effective
Mo. Rev. Stat. § 538.220

Damages, how paid — security required for future damage payments, when, duration — attorney's fees — death of judgment creditor, effect

1. In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the failure to render health care services, past damages shall be payable in a lump sum. 2. At the request of any party to such action made prior to the entry of judgment, the court shall include…

MissouriTort Actions Based on Improper Health CareEffective 2005-08-28effective
Mo. Rev. Stat. § 538.225

Affidavit by a health care provider certifying merit of case — legally qualified health care provider, defined — content filed, when — failure to file, effect — in camera review, when

1. In any action against a health care provider for damages for personal injury or death on account of the rendering of or failure to render health care services, the plaintiff or the plaintiff's attorney shall file an affidavit with the court stating that he or she has obtained the written opinion of a legally qualifi…

MissouriTort Actions Based on Improper Health CareEffective 2005-08-28effective
Mo. Rev. Stat. § 538.228

Immunity from civil liability for certain health care professionals and entities, when

Any physician licensed under chapter 334 who provides medical treatment to a patient at a city or county health department organized under chapter 192 or chapter 205, a city health department operating under a city charter, a combined city-county health department, or a nonprofit community health center or other nonpro…

MissouriTort Actions Based on Improper Health CareEffective 2005-08-28effective
Mo. Rev. Stat. § 538.229

Certain statements, writings, and benevolent gestures inadmissible, when — definitions

1. The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person and made to that person or to the family of that person shall be inadmissible as evidence of an admission of liability in a civil action. However, no…

MissouriTort Actions Based on Improper Health CareEffective 2005-08-28effective
Mo. Rev. Stat. § 538.232

Venue for certain actions against health care providers, where

In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the failure to render health care services, for purposes of determining venue under section 508.010, the plaintiff shall be considered injured by the health care provider only in the county where the…

MissouriTort Actions Based on Improper Health CareEffective 2005-08-28effective