This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0141 - Amends medical malpractice statute of limitations
SB 141 - Fiscal Note

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO.: 0371-02

BILL NO.: Perfected SS for SB 141

SUBJECT: Civil procedure, liability, medical procedures and personnel, physicians, health care professionals.

TYPE: Original

DATE: February 9, 1999


FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED FY 2000 FY 2001 FY 2002
University of Missouri Health Sciences Center (Unknown) (Unknown) (Unknown)
Total Estimated

Net Effect on All

State Funds

(Unknown) (Unknown) (Unknown)



ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED FY 2000 FY 2001 FY 2002
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED FY 2000 FY 2001 FY 2002
Local Government (Unknown) (Unknown) (Unknown)

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

In response to similar legislation, the Office of the State Courts Administrator, Office of the Attorney General, Office of the State Public Defender, and the Office of Prosecution Services assumed the proposed legislation would have no fiscal impact on their agencies.

Oversight assumes the proposed legislation would increase costs to hospitals as it would increase their exposure to the potential filing of medical malpractice lawsuits.



FISCAL IMPACT - State Government FY 2000 FY 2001 FY 2002
(10 Mo.)
Costs - University of Missouri Health
Sciences Center (Unknown) (Unknown) (Unknown)
FISCAL IMPACT - Local Government FY 2000 FY 2001 FY 2002
(10 Mo.)
Costs - County Hospitals (Unknown) (Unknown) (Unknown)
FISCAL IMPACT - Small Business
Small businesses in the health care field could have more exposure to liability due to an increased statute of limitations regarding the filing of medical malpractice lawsuits.


DESCRIPTION

The proposed legislation would allow a claimant to bring an action within two years after the date of discovery or two years after the claimant should have discovered the negligence. The act of negligence referred to in this proposal is the failure to inform the patient of the results of medical tests. No action could be brought for any negligent failure to inform about the results of medical tests performed more than two years before the effective date of the proposal. Minors would have until their twentieth birthday to bring action.

This legislation is not federally mandated, would not duplicate any other program, and would not require additional capital improvements or rental space.



SOURCES OF INFORMATION

Office of the State Courts Administrator

Office of the Attorney General

Office of the State Public Defender

Office of Prosecution Services

University of Missouri



Jeanne Jarrett, CPA

Director

February 9, 1999