Personal Injury Law

What Constitutes a "Healthcare Provider" Under Missouri Law for Personal Injury Claims?

By Benjamin J. Sansone, Esq.

Under Missouri personal injury laws, health care providers have special protections as any action for injury against them must be brought in compliance with the medical malpractice laws of Missouri. Namely, certificates of merit are required, damage caps apply, etc ...

So what exactly is a health care provider? Obviously, doctors, hospitals, nurses, radiologists, are all health care providers. Under Missouri Statute 538.205 - Tort Actions based on Improper Health Care it is explained as follows:

4) "Health care provider", any physician, hospital, health maintenance organization, ambulatory surgical center, long-term care facility including those licensed under chapter 198, dentist, registered or licensed practical nurse, optometrist, podiatrist, pharmacist, chiropractor, professional physical therapist, psychologist, physician-in- training, and any other person or entity that provides health care services under the authority of a license or certificate;

(5) "Health care services", any services that a health care provider renders to a patient in the ordinary course of the health care provider's profession or, if the health care provider is an institution, in the ordinary course of furthering the purposes for which the institution is organized. Professional services shall include, but are not limited to, transfer to a patient of goods or services incidental or pursuant to the practice of the health care provider's profession or in furtherance of the purposes for which an institutional health care provider is organized;

In addition to being a health care provider, the claim must arise out of negligent health care services performed in Missouri. An obvious example is if a doctor causes a car accident on their way home, clearly that claim is not confined to the rules and requirements of a medical malpractice claim.

For a case discussing the difference in different health care provider situations, see
Stalcup v. Orthotic & Prosthetic Lab, 989 S.W.2d 654 (Mo.App. E.D. 1999). Holding a prosthetic limb fitter does no qualify as a health care provider.

The fitting and manufacturing of orthotic and prosthetic devices is not a regulated profession in our state. Lab is not licensed by the state or federal governments while the "health care providers" enumerated in section 538.205(4) are professions regulated by our state. We find that under chapter 538, Lab is not a health care provider.

Full post as published by Missouri Injury Law Blog on March 20, 2011 (boomark / email).