HB 112 – Creates a statutory cause of action for damages against health care providers

• Sponsor: Brown
• LR Number: 0603L.01P
• Committee: Small Business, Insurance and Industry
• Last Action: 5/17/2013 - S Inf Calendar H Bills for Third Reading--HB 112-Burlison, with SA 2 (pending) (Brown)
• Effective Date: August 28, 2013
• House Handler: Burlison

Current Bill Summary

HB 112 - 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.

This act is identical to SB 105 (2013).

JESSICA BAKER

SA 2 - THIS AMENDMENT CHANGES THE CAP ON NONECONOMIC DAMAGES IN MEDICAL MALPRACTICE CASES FROM $350,000 TO $1,000,000. THE CAP SHALL BE INCREASED OR DECREASED ANNUALLY IN ACCORDANCE WITH THE IMPLICIT PRICE DEFLATOR FOR PERSONAL CONSUMPTION EXPENDITURES. THE CALCULATED LIMIT SHALL BE PUBLISHED IN THE MISSOURI REGISTER BY THE SECRETARY OF STATE