Signed by Governor Jay Nixon

Vote Smart's Synopsis:

Vote to pass a bill that limits the amount of money an individual can be awarded in a medical malpractice lawsuit.

Highlights:

• Specifies that a statutory cause of action for damages against a physician for a personal injury or death of a patient is based off the physician’s failure to utilize the degree of skill that other physicians would use under the same circumstances (Sec. A).

• Requires a limit of $400,000 to be awarded to an individual seeking action against a physician for damages resulting in personal injury (Sec. A).

• Requires a limit of $700,000 to be awarded to an individual seeking action against a physician for damages resulting in “catastrophic personal injury” or death (Sec. A).

• Defines s “catastrophic personal injury” as a physical injury inflicted by a physician that results in the impairment of (Sec. A):

• 2 or 4 limbs;

• Cognitive skills; or

• 1 or more organ systems.

• Requires the limit on noneconomic damages to be raised annually by 1.7%, effective on January 1 of each year (Sec. A).

• Authorizes a jury to determine whether the limitation of an award should be enacted based on the severity of the most serious injuries (Sec. A).

• Prohibits taking any legal action against a jury based on the jury’s final judgement (Sec. A).

Full Bill Text