Misdiagnosis in Missouri
Average Settlement: $300,000 - $900,000 | Statute: 2 years from the date of the act of negligence
About Misdiagnosis
Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient's condition, leading to inappropriate treatment or no treatment at all. This is one of the most common forms of medical malpractice and can result in disease progression, unnecessary procedures, or harmful medications. Cancer misdiagnosis is particularly devastating, as delayed treatment can mean the difference between a curable and terminal prognosis.
Missouri Medical Malpractice Laws
Statute of Limitations
2 years from the date of the act of negligence
Damage Cap
$400,000 non-economic damages ($700,000 for catastrophic personal injury involving death or certain severe injuries)
Discovery Rule
Missouri applies the discovery rule, beginning the limitations period when the patient discovers or should have discovered the injury, subject to a 10-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file an affidavit with the complaint stating that they have obtained a health care provider's written opinion that the claim is meritorious.
Common Examples of Misdiagnosis
- •Diagnosing a malignant tumor as benign
- •Misidentifying a heart attack as acid reflux or anxiety
- •Confusing symptoms of stroke with migraine or vertigo
- •Incorrectly diagnosing an infection, leading to wrong antibiotic treatment
- •Failing to identify cancer on imaging studies such as mammograms or CT scans
- •Misdiagnosing autoimmune conditions as psychological disorders
Key Facts
- ✓Studies indicate that diagnostic errors affect approximately 12 million adults in the United States each year in outpatient settings
- ✓To prove misdiagnosis, the plaintiff must show that a competent physician in the same specialty would have correctly identified the condition under the same circumstances
- ✓Medical records documenting the patient's reported symptoms, test results, and the physician's reasoning are essential to building a misdiagnosis case
- ✓Misdiagnosis claims often require demonstrating that the correct diagnosis was on the physician's differential diagnosis list but was improperly ruled out
- ✓The damages in misdiagnosis cases are measured by the difference in outcome between what occurred and what would have happened with a timely, correct diagnosis
- ✓Radiology and pathology misreads are among the most clear-cut misdiagnosis cases because the evidence is preserved in images and slides
- ✓Missouri has a two-tiered cap: $400,000 for non-economic damages in standard cases, rising to $700,000 for catastrophic injuries or death.
- ✓A health care affidavit must be filed with the complaint stating a qualified provider has reviewed the claim.
- ✓Missouri follows a pure comparative fault system, reducing but not barring recovery based on plaintiff's fault.
- ✓Punitive damages are capped at the greater of $500,000 or five times the net amount of the judgment.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Missouri.