Tag archive: missouri

Proposed Legislation Regarding Long-Term Care Facilities in Missouri – March 2018

Pilot Program To Transfer Facility Inspections From The Department Of Health And Senior Services to Local Health Departments (HB – 1555) Missouri Representative James Neeley is sponsoring a bill that would create a pilot program to transfer the authority to inspect nursing homes from the Department of Health and Senior Services to local health departments….

Significant Changes Ahead for Missouri Litigators – Part III

The Missouri Supreme Court approved two completely new jury instructions for civil cases that require the immediate attention of Missouri civil litigators, becoming effecting July 1, 2017. Rules E1.00 and E1.01 allow the Court to read an Early Case Summary to the jury before the beginning of voir dire. The instruction is not mandatory, but…

March Missouri Legislative Update

Sandberg Phoenix & von Gontard’s Long Term Care Team is tracking certain bills passing through the Missouri legislature.  One of those bills that could greatly impact our clients is HB 2107 outlined below. House Bill 2107 – This bill would modify provisions relating to the collateral source rule and provides that parties may introduce evidence…

Will Missouri be Next to Allow Electronic Monitoring Devices in Long Term Care Facilities?

Currently five states – Illinois, New Mexico, Oklahoma, Texas and Washington have laws requiring long term facilities to allow residents to request monitoring devices in resident rooms. Utah currently has legislation under consideration to allow monitoring, but the Utah legislation restricts the use of such devices to assisted living communities. Now, Missouri is looking at…

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…

Missouri Nursing Home Monitoring Legislation Progressing through House

Missouri state Representative, Andrew McDaniel, R-Deering, recently introduced House Bill No. 843 to the Missouri General Assembly which  would allow monitoring devices in nursing homes across the state. “Monitoring device” is defined as “a surveillance instrument that broadcasts or records activity, but does not include a still camera.” Representative McDaniel stated that the reason for…

Lewellen v. Franklin: Missouri Supreme Court Holds Statutory Cap on Punitive Damages Unconstitutional

On September 9, 2014, the Missouri Supreme Court unanimously struck down the State’s punitive damage cap in Lewellen v. Franklin, 2014 WL 4425202 (Mo. banc Sept. 9, 2014). The plaintiff in Lewellen was a 77-year-old widow with less than $1,000 of monthly income who contracted to purchase a vehicle with National Auto Sales North’s (“National”)…

DOJ Files Suit Against Missouri Doctor For Anti-kickback Statute

The Justice Department is committed to combat fraud and abuse in federal healthcare programs. The most recent complaint filed by the DOJ is against Midwest Neurosurgeons LLC and its owner, Dr. Sanjay Fonn, MD, along with DS Medical LLC and its owner, Deborah Seeger. The defendants allegedly violated the Anti-Kickback Statute and False Claims Act…

The Power of Metadata

In an era where long-term care facilities are increasingly implementing the use of electronic medical records, facilities need to be aware of the issues that might come into play during litigation. Unlike paper charting, electronic medical records contain metadata.  Metadata identifies the individual who accesses a patient’s medical chart and tracks the dates and times…


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