Bettering the State’s Legal System
This week at the Capitol, the Senate was focused on two particular pieces of legislation aimed at improving Missouri’s business climate through judicial reform. Our state, which was ranked the bottom by the American Tort Reform Association, does not offer businesses and job creators the inviting and supportive court system they need to be successful. For this reason, many entrepreneurs and economic enterprises choose to take their business elsewhere, and our state’s economy pays the price.
The current number of frivolous active lawsuits in Missouri is unacceptable. Legislators have a responsibility to help foster growth for our state’s businesses, which has been the main focus this week. Senate Bill 591 and Senate Bill 847 have been truly agreed upon and finally passed in the Senate and have moved to the governor’s desk for approval. These common-sense legislative approaches aim to improve our legal system for the betterment of Show-Me businesses if signed into law.
Senate Bill 591 modifies certain provisions relating to expert witness testimony. The legislation would institute a principle known as the Daubert Standard, which ensures that only people who are truly expert witnesses are able to provide expert testimony. Missouri is only one of 10 states that has not adopted this kind of principle.
This is an important step toward improving Missouri courts as expert witnesses can have a large effect on the outcome of cases. Senate Bill 591 would bring our judicial system in line with federal standards and ensure that juries only hear the most factual, relevant and expert information during proceedings.
Senate Bill 847 relates to the collateral source rule. This bill would enable parties to introduce evidence of the “actual cost” of medical care, rather than just the value of that care. Often plaintiffs are unable to accurately show juries how much procedures and treatments truly cost them, and in return are only able to bring forward the value and receive “phantom damages.” Simply put, SB 847 would make it so a plaintiff recovers the full, actual cost of medical expenditures.
Personal injury litigation would be returned to its original, fair state under this legislation. With the rising costs of medical treatment and increased access to health care across the state and country, this Senate bill is sorely needed to help reduce the cost of insurance for doctors and businesses.
With only two weeks left this legislative Session, the Senate is continuing to work tirelessly to move positive legislation forward. These two pieces of legislation are just one step toward improving the legal climate in Missouri, and we will continue that positive trend until adjournment on May 13.
As always, please feel free to contact me or my staff with any questions or concerns at any time. We look forward to hearing your comments and suggestions and trying to answer any questions you may have. You can reach us by phone at 866-277-0882 (toll-free) or (573) 751-2272, or by fax at (573) 526-7381.
Senator David Pearce serves Caldwell, Carroll, Howard, Johnson, Lafayette, Livingston, Ray and Saline counties in the 21st State Senatorial District.