Long Term Care & Senior Living Blog

In addition to the proposed changes to the collateral source rule discussed in last week’s article, the Missouri Legislature is also working toward significant changes to the standard for the admission of expert witness testimony. Currently, pursuant to RSMo § 490.065, witnesses can be qualified as experts and permitted to offer opinions if they possess “knowledge, skill, experience, training, or education” that could help the jury understand scientific or technical issues.

Recent actions by both the Missouri Senate and Missouri House of Representatives regarding the admissibility of evidence in civil actions would substantially change the litigation of medical negligence cases. In this article I discuss the proposed changes to RSMo § 490.715 related to the admissibility of evidence of the cost of medical care; commonly referred to as the “collateral source rule.” On February 2, the House passed and sent to the Senate HB 95. HB 95 modifies § 490.715, precluding the admission into evidence of the amount an injured party was billed for medical care that is alleged to have been caused by the defendant, but only if the amount billed was discounted or if the amount billed was satisfied by an amount less than the amount billed.

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.

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 care facilities.