Missouri State Medical Association | Jefferson City, MO |
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  • Home
  • Headquarters
    • Contact
    • MSMA President
    • Leadership
    • MSMA Constitution Bylaws
    • MSMA Policies
    • Events
  • Advocacy
    • Physician of the Day
    • White Coat Day
    • Action
    • Legislative Review
    • Marijuana Law
    • BigWins
    • Patient Advocacy
    • Collaborative Practice
    • MMPAC
    • AMA
  • Membership
    • Engage
    • Login
    • Join/Renew
    • Membership Types
    • Membership Dues Categories
    • Leadership Opportunities
    • Recruitment Tools
    • Women Physicians Section
    • Young Physicians Section
    • Residents
    • Students
    • Student Mentorship
    • Local and Specialty Societies
    • Endorsed Partners and Vendors
  • Communications
    • Missouri Medicine
    • Progress Notes
    • COVID >
      • COVID Resources
      • COVID Vaccine
      • CV19 Education
    • Marijuana Education Resources
    • Opioid Education Resources
    • Guide To Controlled Substances
    • Guide to Medical Records
    • Guide to Closing a Medical Practice
    • Council Meeting Highlights
  • Annual Convention
  • CME Education
    • CME Providers
    • CME Handbook
  • Practice Management
    • Eprescribe
    • Practice Management Updates
    • Theft Scam Prevention
    • Emergency Response
  • Public Health Resources
  • Alliance
  • MSM Foundation
  • Missouri Physicians Health Program
  • MSMA Insurance Agency

Tort Reform

Contact MSMA's Director of Governmental Relations Jeff Howell or call 800-869-6762

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.

Copyright 2021 Missouri State Medical Association.  All Rights Reserved.
113 Madison Street |  P.O. Box 1028 |  Jefferson City, MO 65102
Phone: (573) 636-5151 |​ lfleenor@msma.org
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