Missouri Revised Statutes
Chapter 538 - Tort Actions Based on Improper Health Care
Section 538.215 - Damage itemization by trier of fact — excess noneconomic damages to be reduced by court.

Effective - 03 Feb 1986
538.215. Damage itemization by trier of fact — excess noneconomic damages to be reduced by court. — 1. In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the failure to render health care services, any damages found shall be itemized by the trier of fact as follows:
(1) Past economic damages;
(2) Past noneconomic damages;
(3) Future medical damages;
(4) Future economic damages, excluding future medical damages; and
(5) Future noneconomic damages.
2. All future damages which are itemized as required by subsection 1 of this section shall be expressed by the trier of fact at present value.
3. Any award of noneconomic damages in excess of the limit provided herein shall be reduced by the court to the maximum amount.
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(L. 1986 S.B. 663 § 6)
Effective 2-03-86

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVI - Statutory Actions and Torts

Chapter 538 - Tort Actions Based on Improper Health Care

Section 538.205 - Definitions.

Section 538.210 - No common law cause of action — limitation on noneconomic damages — jury not to be informed of limit — limit — punitive damages, requirements — annual increase on damages limit, amount — nonseverability clause.

Section 538.215 - Damage itemization by trier of fact — excess noneconomic damages to be reduced by court.

Section 538.220 - Damages, how paid — security required for future damage payments, when, duration — attorney's fees — death of judgment creditor, effect.

Section 538.225 - Affidavit by a health care provider certifying merit of case — legally qualified health care provider, defined — content filed, when — failure to file, effect — in camera review, when.

Section 538.228 - Immunity from civil liability for certain health care professionals and entities, when.