Long Term Care & Senior Living Blog

On October 13, 2015, the Missouri Supreme Court issued its opinion in Lang v. Goldsworthy, No. SC94814. In this case, the trial court granted defendants’ motion to dismiss plaintiffs’ Petition when they failed to file a health care affidavit required by R.S.Mo. §538.225 within the 180 day deadline. The Missouri Supreme Court affirmed this decision.

Approximately three years after the Missouri Supreme Court declared the non-economic damages cap unconstitutional in 2012, Governor Nixon signed into law Senate Bill 239 on May 8, 2015. This bill amends R.S.Mo.§538.210 and creates new limitations on the recovery of noneconomic damages in medical negligence actions filed against health care providers to include long term care facilities.

Less than a month before leaving office, former Illinois Governor Pat Quinn signed legislation reducing the number of jurors in civil cases from 12 to six. The legislation also requires counties to pay the jurors $25 for their first day of jury service and $50 every day for the remainder of their service. This legislation is effective starting June 1, 2015.

As reported by Missouri Lawyers Weekly, “a parade of lab-coated doctors” appeared before the Missouri State Senate and House of Representatives in early February 2013 to argue that the recent Missouri Supreme Court decision in Watts v. Cox Medical Center will reverse years of declining malpractice insurance rates. In Watts, the Court held in a 4-3 decision that the statutory cap of $350,000 on noneconomic damages such as pain and suffering is unconstitutional because it violates the plaintiff’s right to a trial by jury. The doctors argued that unlimited noneconomic damages will harm the availability and affordability of health care in Missouri and that restoring the cap will help to control costs and keep doctors in Missouri.

Both Chambers of the Illinois legislature recently passed Senate Bill 1912 (Raoul, D-Chicago; Sims, D-Chicago) and transmitted the proposed law to the Governor, who has 60 days to take action. The proposed law would create strict requirements and harsh penalties for the failure of a settling party to timely effectuate settlement payment. The Bill would amend the Code of Civil Procedure and create new requirements for settlements in civil cases seeking money damages for personal injury, wrongful death, or any other civil remedy.