538.210. Limitation on noneconomic damages--jury not to be informed of limit--limit--punitive damages, requirements. - Missouri Statutes

Limitation on noneconomic damages--jury not to be informed oflimit--limit--punitive damages, requirements.

538.210. 1. In any action against a health care provider for damagesfor personal injury or death arising out of the rendering of or the failureto render health care services, no plaintiff shall recover more than threehundred fifty thousand dollars for noneconomic damages irrespective of thenumber of defendants.

2. (1) Such limitation shall also apply to any individual or entity,or their employees or agents that provide, refer, coordinate, consult upon,or arrange for the delivery of health care services to the plaintiff; and

(2) Who is a defendant in a lawsuit brought against a health careprovider under this chapter, or who is a defendant in any lawsuit thatarises out of the rendering of or the failure to render health careservices.

(3) No individual or entity whose liability is limited by theprovisions of this chapter shall be liable to any plaintiff based on theactions or omissions of any other entity or person who is not an employeeof such individual or entity whose liability is limited by the provisionsof this chapter.

Such limitation shall apply to all claims for contribution.

3. In any action against a health care provider for damages forpersonal injury or death arising out of the rendering of or the failure torender health care services, where the trier of fact is a jury, such juryshall not be instructed by the court with respect to the limitation on anaward of noneconomic damages, nor shall counsel for any party or any personproviding testimony during such proceeding in any way inform the jury orpotential jurors of such limitation.

4. For purposes of sections 538.205 to 538.230, any spouse claimingdamages for loss of consortium of their spouse shall be considered to bethe same plaintiff as their spouse.

5. Any provision of law or court rule to the contrarynotwithstanding, an award of punitive damages against a health careprovider governed by the provisions of sections 538.205 to 538.230 shall bemade only upon a showing by a plaintiff that the health care providerdemonstrated willful, wanton or malicious misconduct with respect to hisactions which are found to have injured or caused or contributed to causethe damages claimed in the petition.

6. For purposes of sections 538.205 to 538.230, all individuals andentities asserting a claim for a wrongful death under section 537.080,RSMo, shall be considered to be one plaintiff.

(L. 1986 S.B. 663 § 5, A.L. 2005 H.B. 393)

CROSS REFERENCES:

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

Time limitation to bring malpractice actions, RSMo 516.105

(1992) Statute does not violate the equal protection, due process, nor does it deny plaintiffs a lawful remedy for a wrong done; it simply redefines the substantive law by limiting the amount of noneconomic damages plaintiffs can recover. Because statute is not applied until after the jury has completed its constitutional task, it does not infringe upon the right to a jury trial. Adams v. The Children's Mercy Hospital, 832 S.W.2d 898 (Mo.banc).

(1992) Where question facing court is whether there are one or two caps on noneconomic damages, it depends on whether there are one or two defendants which turns on whether the doctor is insured as an employee of the hospital's malpractice insurance policy. If the doctor is insured as an employee under the hospital's policy, then there is one cap. Vincent v. Johnson, 833 S.W.2d 859 (Mo.banc).

(2004) In wrongful death action, patient's surviving husband and two children are considered one "plaintiff" for purposes of applying statutory cap for noneconomic damages. Cook v. Newman, 142 S.W.3d 880 (Mo.App.W.D.).