Section 9 Measure of Damages

• Library: Damages 2012

Section 490.715.5, RSMo Supp. 2011, and the Supreme Court’s ruling in Deck v. Teasley, 322 S.W.3d 536 (Mo. banc 2010), set forth the measure of damages as to medical expenses. “Parties may introduce evidence of the value of the medical treatment rendered to a party that was reasonable, necessary, and a proximate result of the negligence of any party.” Section 490.715.5(1). When determining the value of the medical treatment, “there shall be a rebuttable presumption that the dollar amount necessary to satisfy the financial obligation to the health care provider represents the value of the medical treatment rendered.” Section 490.715.5(2). In other words, the presumption is that the value of the...