Category archive: Medical Negligence

Missouri Supreme Court Enforces the Health Care Affidavit Requirement for Medical Negligence Cases

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….

New Missouri Noneconomic Damages Cap

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…

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