Supreme Court Issues Favorable Ruling and Tort Cases
The Missouri Supreme Court upheld a lower court ruling on September 11, 2018, in the Shallow v. Follwell case. The plaintiff in this case had argued that the defendant’s four expert witnesses amounted to cumulative evidence, which can have a prejudicial effect if introduced to the jury. The court found that even though some of the testimony overlapped, each expert testified about their own specialties, and offered their own specific opinions on the case. Therefore, the probative value of the evidence outweighed any cumulative effect on the jury. In April, MSMA teamed up with the Litigation Center of the AMA and State Medical Societies to file an amicus brief in support of the defendant physician.
The Missouri Supreme Court has heard two cases that attempt to overturn the way in which defendants are allowed to make payments in medical malpractice cases. The plaintiffs in Tharp v. St. Luke’s and Williams v. Mercy argue that the statute allowing for periodic payments unjustly interferes with the plaintiff’s right to a trial by jury, usurps the role of the judiciary, and is an unlawful taking. Present law allows defendants to request a payment plan if they are responsible for damages exceeding $100,000. The Supreme Court ruled in 1992 that periodic payments do not violate equal protection or due process. Oral arguments were held on both cases on September 5, 2018. MSMA is awaiting the court’s decision, which is likely to be released this winter.
Reduce Opioid Abuse/Misuse
Show-Me Health Information Network (SHINE of Missouri), a new statewide HIE, will allow connected physicians to share patient information while employing powerful analytic reports designed to help improve clinical outcomes, reduce inefficiencies, and positively impact patient safety.
Physician Mentors Needed for New Student Support Program
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Legislative Report Expanded to Members
MSMA’s Legislative Report will now be sent to members via email through the second half of the year. Watch for it on the first and third Thursday of the month. We’ll still distribute the Legislative Report every Thursday throughout the legislative session (January-May), but it will be email-only (no more paper copies unless you opt-in). IMPORTANT: If you receive a paper copy of the Legislative Report during the legislative session and if you want to continue to receive the paper copy, you must email Cassie Williams or call 800-869-6762.
Renew your MSMA membership today! Don’t miss out on important member benefits, including legislative support, member advocacy, and communication services. Contact the MSMA membership division at 800-869-6762 or email firstname.lastname@example.org.
The Science of Near-Death Experiences - Now In Hardcover
ACA’s Nondiscrimination Rule Goes Into Effect - Get Details and Forms
All covered entities, no matter how large or small, must post information in a conspicuous place notifying individuals that the entity/practice does not discriminate on the basis of race, color, national origin, sex, age, or disability.