HS HCS HB 1304 -- TORT REFORM (Byrd)

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 accrued in Missouri, including torts for improper health
care, in the county where the cause of action accrued;

(2)  Establishes venue in all tort actions in which the cause of
action accrued 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)  Clarifies the meaning of "county where the cause of action
accrued" for the purpose of venue in tort actions;

(4)  Requires motions to dismiss or transfer based upon improper
venue to be deemed granted if not denied within 90 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 it's more likely than not that the plaintiff will
present 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 51% 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 its current
limit of $565,000 (after annual inflation adjustment of base
amount of $350,000 set in 1986) to $350,000, 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
the extension of time to file the affidavit to an additional 90
days.  The substitute also requires the expert to be licensed and
certified 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)  Changes the requirements for awarding prejudgment interest
in tort actions;

(13)  Changes the rate of prejudgment and postjudgment interest
awarded in tort actions from 9% per annum to a rate tied to the
average auction price of a 2-year United States Treasury note;

(14)  Requires clear and convincing evidence of liability for
punitive damages;

(15)  Requires future medical periodic payments to be made in an
amount according to a schedule determined by the payee's life
expectancy and ties the applicable interest rate to the average
auction price of a 52-week United States Treasury bill;

(16)  Allows parties to introduce evidence of the amounts
actually paid and the amounts due for reasonably necessary
medical treatment rendered to a party;

(17)  Includes a severability clause; and

(18)  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 in FY 2005, FY
2006, and FY 2007.  Total Estimated Net Effect on Other State
Funds of Unknown in FY 2005, FY 2006, and FY 2007.

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