June 21, 2017
Bill recently passed that limits the liability in medical malpractice lawsuits.
Earlier this May, many proposed changes to tort law were introduced during the legislative session, but only a few were approved. House Bill 452 passed the Senate with a revision. Originally the bill help hospital staff and doctors liable for wrongdoing independent of their employees.
The bills sponsor, Representative Kevin Austin, R-Springfield, that a hospital with controlling stake in ownership of a staffing company can’t avoid liability for its employees, but only if the subsidiary company has less than $1 million worth of medical malpractice insurance. He said that in a case of medical malpractice the hospital, staffing company, and the employee would all share liability.
Those who were against the bill said it encouraged the creation of employing entities separate from hospitals, and it would shield them from lawsuits. Before the bill passed it was revised in the Senate to help prevent the loophole from happening.
Before its revision the bill was identical to Senate Bill 237, sponsored by Senator Caleb Rowden, R-Columbia.
Additional Bill Passed
In addition to House Bill 452, another bill was approved that makes citizens immune from prosecution for carrying small amounts of drugs, but only if emergency services are called because of an overdose.
As expected, this bill caused a lot of debate. Even though it protects citizens from being arrested in these specific circumstances, they can still receive a warrant or be arrested for crimes committed separate from the overdose. Representative Shane Roden, R-Dear Hill refers to the bill as a “get out of jail free card.”