HCS HB 208 -- CIVIL ACTIONS

SPONSOR:  Byrd (Icet)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 8 to 5.

This substitute requires a plaintiff in an original action for
damages in excess of $3,000 against a licensed professional based
on the rendering of or failure to render professional services to
file an affidavit with the court.  The affidavit must state that
the plaintiff has obtained the written opinion of a similarly
licensed professional declaring the defendant failed to use the
care that a reasonably prudent and careful individual would have
used under similar circumstances and that the failure to use
reasonable care directly caused or contributed to the damages
alleged in the petition.  The affidavit must be filed no later
than 90 days after the filing of the first responsive pleading.
If the plaintiff fails to file the affidavit, the case must be
dismissed without prejudice.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the bill will make the same
affidavit of merit requirements of physicians apply to other
professionals including engineers, accountants, architects, real
estate agents, and veterinarians.  It will help reduce
unwarranted legal actions against these professionals.

Testifying for the bill were Representative Icet; Shafer Kline
and Warren, Incorporated; Burns and McDonnell Engineering;
American Council of Engineering Companies; Missouri Society of
Professional Engineers; American Institute of Architects of
Missouri; Missouri Association of Realtors; and Missouri
Association of Landscape Architects.

OPPONENTS:  Those who oppose the bill say that health care is a
unique setting and the professionals affected by the bill work in
very different settings and often don't readily have access to
records involved in litigation.  The bill may also limit access
to the courts.

Testifying against the bill was Republican Attorneys for Civil
Justice.

Amy Woods, Senior Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:18 pm