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Tort Reform Bills Introduced
MSMA, along with other providers, insurers, and business interests are supporting Tort Reform bills HB 1173, sponsored by Rep. Eric Burlison, and SB 589, sponsored by Sen. Dan Brown. The bills are identical to last year’s legislation, and remove medical malpractice from the common law and create a statutory cause of action for malpractice cases. By doing this, the legislature would then inherit the ability to cap noneconomic damages without violating the right to a jury trail.

In 2012, the Supreme Court rested its decision to strike down Missouri’s caps on this common law/statutory law difference, where common law causes of action violate the state constitution, but statutorily created ones do not
A couple of constitutional amendments have also been introduced (HJR 45 and SJR 25) to restore our caps on non-economic damages. These resolutions, if passed, would ask the state’s electorate to decide the issue at a future election. If the voters pass the resolution, the state constitution would be amended to allow the legislature to cap noneconomic damages. If the voters do not pass it, then a legislative solution to the issue likely dies for a significant amount of time. One of the advantages to the constitutional amendment is that it does not require the Governor’s signature. Once it passes both chambers it goes directly to the ballot. On the other hand, passage would ensure an expensive ballot campaign against the trial attorneys, who have notoriously deep pockets.

Questions?  Email Tom Holloway or Jeff Howell at MSMA HQ or call 800-869-6762.

Data from Missouri Dept of Insurance
Tort Reform Coalition Members
  • Missouri State Medical Association
  • Missouri Hospital Association
  • Missouri Chamber of Commerce and Industry
  • Missouri Association of Osteopathic Physicians & Surgeons
  • Missouri Health Care Association
  • Missouri Pharmacy Association
  • Missouri Insurance Coalition
  • Washington University School of Medicine
  • Missouri Radiological Society
  • Leading Age Missouri
  • Missouri Association of Rural Health Clinics
  • Missouri Society of Eye Physicians and Surgeons
  • Missouri Society of Anesthesiologists
  • Missouri Optometric Association
  • Missouri Sleep Society
  • Missouri Dermatological Association
  • Missouri Association of Nurse Anesthetists
  • Missouri State Neurological Association
  • American Congress of Obstetricians and Gynecologists, Missouri Section
  • Missouri Academy of Family Physicians
  • Missouri Ambulatory Surgery Center Association
  • Missouri Society of Interventional Pain Physicians
  • Missouri Psychiatric Association
  • Missouri College of Emergency Physicians
  • Missouri Organization of Defense Lawyers
  • Missouri Chapter of the American Academy of Pediatrics
  • BJC Healthcare
  • National Federation of Independent Business
  • St. Louis Area Business Health Coalition 
  • Missouri State Orthopaedic Association







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