HCS HB 1304 -- TORT REFORM

SPONSOR:  Byrd

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 10 to 8.

This substitute makes changes to the laws affecting claims for
damages and the payment thereof.  In its main provisions, the
substitute:

(1)  Establishes venue in all tort actions in which the cause of
action occurred in Missouri, including torts for improper health
care, in the county where the cause of action occurred;

(2)  Establishes venue in all tort actions in which the cause of
action occurred outside Missouri:

(a)  For individual defendants, in the county of the individual's
principal place of residence; and

(b)  For corporate defendants, in the county where the corporate
defendant's registered agent is located or, if no registered
agent is reported or maintained, in Cole County;

(3)  Establishes venue in all actions in which a county is the
plaintiff in the county where the defendant resides, or in the
county suing and where the defendant may be found;

(4)  Requires motions to dismiss or transfer based upon improper
venue to be deemed granted if not denied within 60 days, unless
the time period is waived in writing by all parties;

(5)  Allows discovery of a defendant's assets in tort actions,
including torts for improper health care, only after a court
determines that the plaintiff has a submissible case on punitive
damages;

(6)  Provides that a defendant will be jointly and severally
liable for the amount of compensatory and noneconomic damages
only if the defendant is found to bear 50% or more of the fault,
and a defendant will not be jointly and severally liable for more
than the percentage of punitive damages for which fault is
attributed to the defendant by the trier of fact;

(7)  Adds long-term care facilities licensed pursuant to Chapter
198, RSMo, to the definition of "health care provider" as used in
Chapter 538;

(8)  Changes the cap on noneconomic damages from $350,000,
adjusted annually for inflation (currently equal to $565,000), to
$400,000, without an inflation adjustment, and removes the "per
occurrence" language in order to overrule a Missouri Supreme
Court decision;

(9)  Limits civil damages recoverable against certain physicians,
dentists, hospitals, and others to $400,000 for care or
assistance necessitated by traumatic injury and rendered in a
hospital emergency room;

(10)  Makes it mandatory rather than discretionary that a court
dismiss any medical malpractice claim for which the plaintiff
fails to file the required supporting expert affidavit and limits
extensions of time to file the affidavit to an additional 90
days.  The substitute also requires the expert to be licensed in
substantially the same profession and specialty as the defendant
and allows any defendant to request that the court review the
expert opinion to determine whether the expert meets the required
qualifications;

(11)  Prohibits statements, writings, or benevolent gestures
expressing sympathy from being admissible as evidence of an
admission of liability in a civil action.  Statements of fault
will be admissible;

(12)  Authorizes the filing of a "miscellaneous" case for the
purpose of securing copies of health care records and details
what the petition should and should not contain;

(13)  Includes a severability clause; and

(14)  Clarifies that the provisions of the substitute will only
apply to causes of action filed after August 28, 2004.

FISCAL NOTE:  No impact on General Revenue Fund.  Total Estimated
Effect on Other State Funds of Unknown in FY 2005, FY 2006, and
FY 2007.

PROPONENTS:  Supporters say that tort reform is urgently needed
to curb increasing medical malpractice insurance rates or
Missouri will continue to lose too many doctors.  Also, venue
laws need to be changed to disallow venue-shopping, especially in
suits against corporations.

Testifying for the bill were Representative Byrd; Terri Kropf;
Missouri State Medical Association; Metropolitan Medical Society
of Kansas City; Missouri Chamber of Commerce and Industry;
Missouri Hospital Association; St. Louis Area Business Health
Coalition; Missouri Association of Health Plans; Missouri
Association of Osteopathic Physicians and Surgeons; Missouri
Academy of Family Physicians; BJC HealthCare; Missouri
Association of Homes for the Aging; Carondelet Health Systems;
St. Louis Regional Commerce and Growth Association; Department of
Transportation; Blue Cross Blue Shield of Missouri; Geri
Morrison; and Associated Industries of Missouri.

OPPONENTS:  Those who oppose the bill say that capping damage
awards to tort victims will not lower doctors' medical
malpractice insurance premiums, and current venue statutes in
Missouri work well.

Testifying against the bill were Heather McGhay; Susan Stratman;
Beverly Jane LaFief; Patrick Hagerty; Missouri Association of
Trial Attorneys; and Pat Neal.

OTHERS:  Others testifying on the bill gave information on public
policy and fairness regarding joint and several liability.

Others testifying on the bill was Dale C. Doerhoff.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am