HS HCS HB 274 -- MEDICAL MALPRACTICE

This bill adds an exception to the 2-year statute of limitations
for medical malpractice actions.  In cases involving a health
care provider's failure to inform the patient of medical test
results, a malpractice action must be brought within 2 years
from the date the patient discovered or should have discovered
the provider's negligence, whichever occurs earlier.  Actions
may not be brought if the negligent failure to inform occurred
more than 2 years before the effective date of the bill.  In
addition, no action may be commenced if 10 years have passed
from the date of the negligent failure.  The bill also deletes
statutory language found to be unconstitutional in Strahler v.
St. Luke's Hosp., 706 S.W.2d 7 (Mo. banc 1986).

HS HCS HB 274 -- MEDICAL MALPRACTICE (May, 108)

This substitute adds an exception to the 2 year statute of
limitations for medical malpractice actions.  In cases involving
a health care provider's failure to inform the patient of
medical test results, a malpractice action must be brought
within 2 years from the date the patient discovered or should
have discovered the provider's negligence, whichever occurs
earlier.  Actions may not be brought if the negligent failure to
inform occurred more than 2 years before the effective date of
the bill.  In addition, no action may be commenced if 10 years
have passed from the date of the negligent failure.  The
substitute also deletes statutory language found to be
unconstitutional in Strahler v. St. Luke's Hosp., 706 S.W.2d 7
(Mo. banc 1986).

FISCAL NOTE:  Cost to University of Missouri Health Services
Center of $0 in FY 2000, $0 in FY 2001, and greater than
$100,000 in FY 2002.

HCS HB 274 -- MEDICAL MALPRACTICE

SPONSOR:  May (108)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 18 to 0.

This substitute adds an exception to the 2 year statute of
limitations for medical malpractice actions.  In cases involving
a health care provider's failure to inform the patient of
medical test results, a malpractice action must be brought
within 2 years from the date the patient discovered or should
have discovered the provider's negligence, whichever occurs
earlier.  The substitute also deletes statutory language found
to be unconstitutional in Strahler v. St. Luke's Hosp., 706
S.W.2d 7 (Mo. banc 1986).

FISCAL NOTE:  Cost to University of Missouri Health Services
Center of Unknown in FY 2000, FY 2001, and FY 2002.

PROPONENTS:  Supporters say that the current 2 year statute of
limitations for medical malpractice actions is unjust when a
provider is rewarded for keeping silent about failing to inform
a patient of medical test results.  The substitute's proposed
exception to the 2 year limitations period is narrow and will
not cause hardship to health care providers.

Testifying for the bill were Representative May (108); Missouri
State Medical Association; Missouri Hospital Association;
Missouri Association of Trial Attorneys; and Missouri
Association of Osteopathic Physicians and Surgeons.

OPPONENTS:  There was no opposition voiced to the committee.

Katharine Hickel Barondeau, Legislative Analyst

HB 274 -- Medical Malpractice

Co-Sponsors:  May (108), Harlan, Williams (121), Carter

This bill adds a "discovery rule" to the statute of limitations
for medical malpractice actions.  In cases involving a
provider's failure to diagnose, a malpractice action may be
brought within 2 years of when the patient discovered or should
have discovered the alleged negligence, whichever occurs earlier.