Section 538.215

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 538

Effective - 03 Feb 1986, see footnote   

  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 shall be itemized by the trier of fact as follows:

  (1)  Past economic damages;

  (2)  Past noneconomic damages;

  (3)  Future medical damages;

  (4)  Future economic damages, excluding future medical damages; and

  (5)  Future noneconomic damages.

  2.  All future damages which are itemized as required by subsection 1 of this section shall be expressed by the trier of fact at present value.

  3.  Any award of noneconomic damages in excess of the limit provided herein shall be reduced by the court to the maximum amount.

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(L. 1986 S.B. 663 § 6)

Effective 2-03-86