Section 41 The Current Legal Posture
| Library | Damages 2012 |
Section 538.215.2, RSMo 2000, applicable to medical malpractice actions, provides, “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.” The subcategories referred to are future medical, economic, and non-economic damages.
The damage instruction for medical malpractice cases, MAI 21.04 [1988 New] (emphasis added), makes no mention of “present value”:
If you assess a percentage of fault to [any] defendant, then...
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