538.205. Definitions. - Missouri Statutes

Definitions.

538.205. As used in sections 538.205 to 538.230, the following termsshall mean:

(1) "Economic damages", damages arising from pecuniary harmincluding, without limitation, medical damages, and those damages arisingfrom lost wages and lost earning capacity;

(2) "Equitable share", the share of a person or entity in anobligation that is the same percentage of the total obligation as theperson's or entity's allocated share of the total fault, as found by thetrier of fact;

(3) "Future damages", damages that the trier of fact finds willaccrue after the damages findings are made;

(4) "Health care provider", any physician, hospital, healthmaintenance organization, ambulatory surgical center, long-term carefacility including those licensed under chapter 198, RSMo, dentist,registered or licensed practical nurse, optometrist, podiatrist,pharmacist, chiropractor, professional physical therapist, psychologist,physician-in-training, and any other person or entity that provides healthcare services under the authority of a license or certificate;

(5) "Health care services", any services that a health care providerrenders to a patient in the ordinary course of the health care provider'sprofession or, if the health care provider is an institution, in theordinary course of furthering the purposes for which the institution isorganized. Professional services shall include, but are not limited to,transfer to a patient of goods or services incidental or pursuant to thepractice of the health care provider's profession or in furtherance of thepurposes for which an institutional health care provider is organized;

(6) "Medical damages", damages arising from reasonable expenses fornecessary drugs, therapy, and medical, surgical, nursing, x-ray, dental,custodial and other health and rehabilitative services;

(7) "Noneconomic damages", damages arising from nonpecuniary harmincluding, without limitation, pain, suffering, mental anguish,inconvenience, physical impairment, disfigurement, loss of capacity toenjoy life, and loss of consortium but shall not include punitive damages;

(8) "Past damages", damages that have accrued when the damagesfindings are made;

(9) "Physician employee", any person or entity who works forhospitals for a salary or under contract and who is covered by a policy ofinsurance or self-insurance by a hospital for acts performed at thedirection or under control of the hospital;

(10) "Punitive damages", damages intended to punish or deter willful,wanton or malicious misconduct, including exemplary damages and damages foraggravating circumstances;

(11) "Self-insurance", a formal or informal plan of self-insurance orno insurance of any kind.

(L. 1986 S.B. 663 § 4, A.L. 1997 H.B. 335, A.L. 2005 H.B. 393)

CROSS REFERENCE:

Applicability of statute changes to cases filed after August 28, 2005, RSMo 538.305

(1994) United States fits within the definition of health care provider for purposes of statute as entity that provides health care services under the authority of a license. License is Congressional legislation which authorizes the operation of Veterans Administration hospitals. Romero v. United States, 865 F.Supp. 585 (E.D.Mo.).