Effective – 28 Aug 2020, 4 histories 538.205. Definitions. — As used in sections 538.205 to 538.230*, the following terms shall mean: (1) “Catastrophic personal injury”, a physical injury resulting in: (a) Quadriplegia defined as the permanent loss of functional use of all four limbs; (b) Paraplegia defined as the permanent loss of functional use […]
Effective – 28 Aug 2020, 4 histories 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. — 1. A statutory cause of action for damages against a health […]
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 […]
Effective – 28 Aug 2005 538.220. Damages, how paid — security required for future damage payments, when, duration — attorney’s fees — death of judgment creditor, effect. — 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 […]
Effective – 28 Aug 2005 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. — 1. In any action against a health care provider for damages for personal injury or death on […]
Effective – 28 Aug 2005 538.228. Immunity from civil liability for certain health care professionals and entities, when. — Any physician licensed under chapter 334 who provides medical treatment to a patient at a city or county health department organized under chapter 192 or chapter 205, a city health department operating under a city charter, […]
Effective – 28 Aug 2005 538.229. Certain statements, writings, and benevolent gestures inadmissible, when — definitions. — 1. The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person and made to that person or to the family of that […]
Effective – 28 Aug 2005 538.232. Venue for certain actions against health care providers, where. — 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, for purposes of determining venue under section 508.010, the plaintiff […]
Effective – 28 Aug 1986 538.235. Laws applicable to what actions. — The provisions of sections 538.205 to 538.230 shall apply only to causes of actions arising on or after February 3, 1986. ——– (L. 1986 S.B. 663 § 11)
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. ——– (L. 1987 H.B. 700 § 44, A.L. […]
Effective – 28 Aug 2005 538.305. Applicability to causes of action, when. — The provisions of this act*, except for section 512.099, shall apply to all causes of action filed after August 28, 2005. ——– (L. 2005 H.B. 393 § 2) *”This act” (H.B. 393, 2005) contained numerous sections. Consult Disposition of Sections table for […]
