Section 14 Medical Malpractice

• Library: Damages 2012

Apportionment of fault in medical malpractice cases has undergone significant changes over the past two decades. In causes of action accruing before February 3, 1986, fault was apportioned like any other tort case under § 537.060, now RSMo 2000. An example of this is Callahan v. Cardinal Glennon Children’s Hospital, 901 S.W.2d 270, 273 (Mo. App. E.D. 1995). In Callahan, the court considered the effect of a postjudgment settlement by one of the defendants who proceeded to trial. The plaintiff settled with several defendants but proceeded to trial against two remaining defendants. At trial, the jury found the two remaining defendants jointly and severally liable and awarded $16 million in damages. The court reduced this award by the amount of pretrial settlements with the other defendants. While the case was on appeal, one of the remaining...