Missouri Revised Statutes
Chapter 538 - Tort Actions Based on Improper Health Care
Section 538.300 - Certain laws not applicable to sections 538.205 to 538.230.

Effective - 28 Aug 2005
538.300. Certain laws not applicable to sections 538.205 to 538.230. — The provisions of section 260.552, sections 537.068 and 537.117, and 537.760 to 537.765, and subsections 2 and 3 of section 408.040 shall not apply to actions under sections 538.205 to 538.230.
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(L. 1987 H.B. 700 § 44, A.L. 1988 H.B. 1701 merged with S.B. 425, A.L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, 538.305
(2000) Strict liability is not applicable to health care providers. Budding v. SSM Healthcare System, 19 S.W.3d 678 (Mo.banc).

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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.