The Supreme Court of Missouri will have its first opportunity to review the constitutionality of the Missouri Legislature’s abolishment of common law medical negligence claims and their replacement with a statutory cause of action.
We provide insights and analysis for physicians, nurses, chiropractors, dentists, physical therapists and other health professionals on issues impacting their practices.
Missouri lawmakers remain busy drafting legislation significantly affecting how claims involving COVID-19 will play out in Missouri courts.
Missouri Lawmakers Are Proposing Several Bills Which Would Provide Liability Defenses as it Relates to COVID-19
Missouri lawmakers are proposing several bills which would provide liability defenses as it relates to COVID-19, including Senate Bill 42 and Senate Bill 51. Attorney David Vaughn offers insight into both bills.
Senate Bill No. 591, which was Truly Agreed to and Finally Passed by the Missouri General Assembly on May 12, 2020, modifies four statutes regulating punitive damages in civil cases. At the forefront of the bill is the new and heightened burden of proof resting on a plaintiff wishing to bring a punitive damages claim against a defendant. Under Section 510.263.1, a plaintiff must prove by “clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.” The bill will be sent to the Governor for approval and signing. If signed by the Governor, the provisions in the act shall apply to any civil cause of action filed on or after the effective date of August 28, 2020.
COVID-19 has brought uncertainty and fear into the lives of Americans and the world, and we have seen the country come to a screeching halt in order to slow the spread of this novel coronavirus. Due to the overwhelming increase in COVID-19 infections in long-term care facilities throughout the United States, the Center for Medicare and Medicaid Services (CMS), which is responsible for ensuring the health and safety of nursing home residents, recently issued a memorandum outlining new guidelines for nursing homes to help control and prevent the spread of the disease. The CMS is working hand-in-hand with the Center for Disease Control (CDC) to provide nursing homes with guidance how to keep residents safe.