Mo. Rev. Stat. » Chapter 538
Missouri Revised Statutes

Mo. Rev. Stat. § 538.300 (2026)

Certain laws not applicable to sections 538.205 to 538.230

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  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).

Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1992–2024 · leading case: William Dieser v. St. Anthony's Med. Ctr., 498 S.W.3d 419 (Mo. 2016).
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William Dieser v. St. Anthony's Med. Ctr., 498 S.W.3d 419 (Mo. 2016). · cites it 90× “*426 Dieser further asserts that the trial court’s application of section 538.300, to deny him post-judgment interest, violated his constitutional rights to equal protection, open courts, and a trial by jury.”
Douglas Stewart v. Krikor O. Partamian, 465 S.W.3d 51 (Mo. 2015). · cites it 22× “Finally, Appellants argue that the trial court erred in declining to enter an order of remittitur because section 538.300, 1 which prohibits defendants in medical negligence cases from seeking re-mittitur, violates the right to a trial by jury guaranteed by article I, section…”
Michael L. Mackey v. Steven B. Smith, 438 S.W.3d 465 (Mo. Ct. App. 2014). · cites it 16× “The Mackeys counter that section 538.300 provides that remittitur does not apply in medical malpractice cases, and both DiStefano and Smith acknowledge as much.”
Lindquist v. Scott Radiological Grp., Inc., 168 S.W.3d 635 (Mo. Ct. App. 2005). · cites it 8× “See Section 538.300 and Callahan v. Cardinal Glennon Hosp.”
Emilee Williams v. Mercy Clinic Springfield Communities, 568 S.W.3d 396 (Mo. 2019). · cites it 4× “The untimely April 27 motion objected to the inclusion of post-judgment interest under section 538.300. 12 Two procedural rules govern the circuit court's authority to amend a judgment: Rule 75.”
Mulligan v. Truman Med. Ctr., 950 S.W.2d 576 (Mo. Ct. App. 1997). · cites it 15× “The trial court reasoned that since § 538.300 provides that the strict liability provision of § 537.”
Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852 (Mo. 1993). · cites it 2× “068 would not be available to SLU because section 538.300 provides that section 537.”
Adams v. Child.'s Mercy Hosp., 832 S.W.2d 898 (Mo. 1992). · cites it 3× “The Adamses also raise an equal protection challenge to Section 538.300, RSMo 1989. That statute does not permit prejudgment interest on judgments against health care providers.”
Vincent ex rel. Vincent v. Johnson, 833 S.W.2d 859 (Mo. 1992). · cites it 3× “Plaintiffs note that § 538.300 RSMo. Supp. 1991 exempts medical malpractice cases only from the prejudgment interest provisions of § 408.”
Redfield v. Beverly Health & Rehab. Servs., Inc., 42 S.W.3d 703 (Mo. Ct. App. 2001). · cites it 2× “765, which were enacted in 1987 at the same time as Section 538.300, are inapplicable to health care providers.”
White v. Tariq, 299 S.W.3d 1 (Mo. Ct. App. 2009). · cites it 2× “” Mo.Rev.Stat. § 538.300 (Cum. Supp.2005). Although Plaintiffs filed their original action in 2000, Plaintiffs voluntarily dismissed that action without prejudice.”
Budding v. SSM Healthcare Sys., 19 S.W.3d 678 (Mo. 2000). · cites it 2× “Section 538.300 was enacted as part of the same bill as sec.”
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