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 of two limbs;
(c) Loss of two or more limbs;
(d) An injury to the brain that results in permanent cognitive impairment resulting in the permanent inability to make independent decisions or engage in one or more of the following activities of daily living: eating, dressing, bathing, toileting, transferring, and walking;
(e) An injury that causes irreversible failure of one or more major organ systems; or
(f) Vision loss such that the patient's central visual acuity is no more than twenty/two-hundred in the better eye with the best correction or whose field of vision in the better eye is restricted to a degree that its widest diameter subtends an angle no greater than twenty degrees;
(2) "Economic damages", damages arising from pecuniary harm including, without limitation, medical damages, and those damages arising from lost wages and lost earning capacity;
(3) "Employee", any individual who is directly compensated by a health care provider for health care services rendered by such individual and other nonphysician individuals who are supplied to a health care provider by an entity that provides staffing;
(4) "Equitable share", the share of a person or entity in an obligation that is the same percentage of the total obligation as the person's or entity's allocated share of the total fault, as found by the trier of fact;
(5) "Future damages", damages that the trier of fact finds will accrue after the damages findings are made;
(6) "Health care provider", any physician, hospital, health maintenance organization, ambulatory surgical center, long-term care facility including those licensed under chapter 198, dentist, registered or licensed practical nurse, optometrist, podiatrist, pharmacist, chiropractor, professional physical therapist, psychologist, physician-in-training, and any other person or entity that provides health care services under the authority of a license or certificate;
(7) "Health care services", any services that a health care provider renders to a patient in the ordinary course of the health care provider's profession or, if the health care provider is an institution, in the ordinary course of furthering the purposes for which the institution is organized. Professional services shall include, but are not limited to, transfer to a patient of goods or services incidental or pursuant to the practice of the health care provider's profession or in furtherance of the purposes for which an institutional health care provider is organized;
(8) "Medical damages", damages arising from reasonable expenses for necessary drugs, therapy, and medical, surgical, nursing, x-ray, dental, custodial and other health and rehabilitative services;
(9) "Noneconomic damages", damages arising from nonpecuniary harm including, without limitation, pain, suffering, mental anguish, inconvenience, physical impairment, disfigurement, loss of capacity to enjoy life, and loss of consortium but shall not include punitive damages;
(10) "Past damages", damages that have accrued when the damages findings are made;
(11) "Punitive damages", damages intended to punish or deter malicious misconduct or conduct that intentionally caused damage to the plaintiff, including exemplary damages and damages for aggravating circumstances;
(12) "Self-insurance", a formal or informal plan of self-insurance or no insurance of any kind.
Notes of Decisions
Devitre v. Orthopedic Ctr. of Saint Louis, LLC, 349 S.W.3d 327 (Mo. 2011).
· cites it 22× “225 is inapplicable, he relies on the definition of "health care services" in section 538.205, which limits its scope to "services that a health care provider renders to a patient in the ordinary course of the health care provider's profession.”
Dibrill ex rel. Wheeler v. Normandy Assocs., Inc., 383 S.W.3d 77 (Mo. Ct. App. 2012).
· cites it 6× “Mo.Rev.Stat. § 538.205(4). "Health care services” are defined as: [A]ny services that a health care provider renders to a patient in the ordinary course of the health care provider's profession or, *91 if the health care provider is an institution, in the ordinary course of…”
Wright v. Barr, 62 S.W.3d 509 (Mo. Ct. App. 2001).
· cites it 6× ““Defendant” for purposes of sections 538.205 to 538.230 shall be defined as: (1) A hospital as defined in chapter 197, RSMo, and its employees and physician employees who are insured under the hospital’s professional liability insurance policy or the hospital’s self-insurance…”
Koon v. Walden, 539 S.W.3d 752 (Mo. Ct. App. 2017).
· cites it 6× “6: Any provision of law or court rule to the contrary notwithstanding, an award of punitive damages against a healthcare provider governed by the provisions of sections 538.205 to 538.230 shall be made only upon a showing by a plaintiff that the healthcare provider demonstrated…”
Meekins v. St. John's Reg'l Health Ctr., Inc., 149 S.W.3d 525 (Mo. Ct. App. 2004).
· cites it 20× “John's was a health care provider under § 538.205, RSMo 2000, that the drug screen test was a health care service, and that Meekins should have filed a health care affidavit.”
Stalcup v. Orthotic & Prosthetic Lab, Inc., 989 S.W.2d 654 (Mo. Ct. App. 1999).
· cites it 8× “subject to the provisions of sections 538.205 through 538.230, RSMo.” As we have found herein that Lab is not a health care provider under chapter 538, this cause of action is not subject to the provisions of sections 538.”
Schroeder v. Lester E. Cox Med. Ctr., Inc., 833 S.W.2d 411 (Mo. Ct. App. 1992).
· cites it 13× “That chapter includes §§ 538.205 to 538.235 which were enacted in 1986, became effective February 3, 1986, and which “apply only to causes of actions arising on or after February 3, 1986.”
Cook v. Newman, 142 S.W.3d 880 (Mo. Ct. App. 2004).
· cites it 5× “The term "physician employee” is defined in section 538.205, RSMo 2000, as "any person or entity who works for hospitals for a salary or under contract and who is covered by a policy of insurance or self-insurance by a hospital for acts performed at the direction or under…”
Jason D. Dodson & Jason D. Dodson, Jr., a Minor, & Eva Raine Dodson-Lohse, a Minor, & August William Davis Dodson, a Minor, said Minors appearing by the duly appointed Next Friend Jason D. Dodson, Respondent/Cross-Appellant v. Robert P. Ferrara, M.D., & Mercy Clinic Heart & Vascular, LLC, Appellants/Cross-Respondents., 491 S.W.3d 542 (Mo. 2016).
· cites it 2× “Section 538.205(10) defines “punitive damages” as those intended to punish or deter willful, wanton or malicious misconduct, which includes exemplary damages and damages for aggravating circumstances.”
Redfield v. Beverly Health & Rehab. Servs., Inc., 42 S.W.3d 703 (Mo. Ct. App. 2001).
· cites it 5× “In addition, Aequitron asserts the Court should hold that Aequitron has a right of contribution against Beverly for the amount of the judgment it must pay in excess of its proportionate share ($400,000 of the current $2,000,000 judgment or, alternatively, its proportionate share…”
— Mo. Rev. Stat. § 538.205(1) — 1 case
— Mo. Rev. Stat. § 538.205(1)(e) — 1 case
— Mo. Rev. Stat. § 538.205(10) — 4 cases
Jason D. Dodson & Jason D. Dodson, Jr., a Minor, & Eva Raine Dodson-Lohse, a Minor, & August William Davis Dodson, a Minor, said Minors appearing by the duly appointed Next Friend Jason D. Dodson, Respondent/Cross-Appellant v. Robert P. Ferrara, M.D., & Mercy Clinic Heart & Vascular, LLC, Appellants/Cross-Respondents., 491 S.W.3d 542 (Mo. 2016).
“Section 538.205(10) defines “punitive damages” as those intended to punish or deter willful, wanton or malicious misconduct, which includes exemplary damages and damages for aggravating circumstances.”
Koon v. Walden, 539 S.W.3d 752 (Mo. Ct. App. 2017).
“6: Any provision of law or court rule to the contrary notwithstanding, an award of punitive damages against a healthcare provider governed by the provisions of sections 538.205 to 538.230 shall be made only upon a showing by a plaintiff that the healthcare provider demonstrated…”
— Mo. Rev. Stat. § 538.205(11) — 3 cases
Koon v. Walden, 539 S.W.3d 752 (Mo. Ct. App. 2017).
“6: Any provision of law or court rule to the contrary notwithstanding, an award of punitive damages against a healthcare provider governed by the provisions of sections 538.205 to 538.230 shall be made only upon a showing by a plaintiff that the healthcare provider demonstrated…”
— Mo. Rev. Stat. § 538.205(2) — 1 case
— Mo. Rev. Stat. § 538.205(4) — 24 cases
Devitre v. Orthopedic Ctr. of Saint Louis, LLC, 349 S.W.3d 327 (Mo. 2011).
“225 is inapplicable, he relies on the definition of "health care services" in section 538.205, which limits its scope to "services that a health care provider renders to a patient in the ordinary course of the health care provider's profession.”
Dibrill ex rel. Wheeler v. Normandy Assocs., Inc., 383 S.W.3d 77 (Mo. Ct. App. 2012).
“Mo.Rev.Stat. § 538.205(4). "Health care services” are defined as: [A]ny services that a health care provider renders to a patient in the ordinary course of the health care provider's profession or, *91 if the health care provider is an institution, in the ordinary course of…”
Stalcup v. Orthotic & Prosthetic Lab, Inc., 989 S.W.2d 654 (Mo. Ct. App. 1999).
“subject to the provisions of sections 538.205 through 538.230, RSMo.” As we have found herein that Lab is not a health care provider under chapter 538, this cause of action is not subject to the provisions of sections 538.”
— Mo. Rev. Stat. § 538.205(5) — 19 cases
Meekins v. St. John's Reg'l Health Ctr., Inc., 149 S.W.3d 525 (Mo. Ct. App. 2004).
“John's was a health care provider under § 538.205, RSMo 2000, that the drug screen test was a health care service, and that Meekins should have filed a health care affidavit.”
Dibrill ex rel. Wheeler v. Normandy Assocs., Inc., 383 S.W.3d 77 (Mo. Ct. App. 2012).
“Mo.Rev.Stat. § 538.205(4). "Health care services” are defined as: [A]ny services that a health care provider renders to a patient in the ordinary course of the health care provider's profession or, *91 if the health care provider is an institution, in the ordinary course of…”
— Mo. Rev. Stat. § 538.205(6) — 1 case
— Mo. Rev. Stat. § 538.205(7) — 6 cases
Wright v. Barr, 62 S.W.3d 509 (Mo. Ct. App. 2001).
““Defendant” for purposes of sections 538.205 to 538.230 shall be defined as: (1) A hospital as defined in chapter 197, RSMo, and its employees and physician employees who are insured under the hospital’s professional liability insurance policy or the hospital’s self-insurance…”
Schroeder v. Lester E. Cox Med. Ctr., Inc., 833 S.W.2d 411 (Mo. Ct. App. 1992).
“That chapter includes §§ 538.205 to 538.235 which were enacted in 1986, became effective February 3, 1986, and which “apply only to causes of actions arising on or after February 3, 1986.”
— Mo. Rev. Stat. § 538.205(9) — 2 cases
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