Surgical Errors in Missouri
Average Settlement: $500,000 - $1,500,000 | Statute: 2 years from the date of the act of negligence
About Surgical Errors
Surgical errors occur when a surgeon or surgical team makes a preventable mistake during an operation, resulting in harm to the patient. These errors range from wrong-site surgery to leaving instruments inside the body, and they can lead to permanent disability, additional surgeries, or death. Surgical malpractice cases often involve clear deviations from accepted medical standards that can be demonstrated through operative reports and expert testimony.
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 Surgical Errors
- •Wrong-site or wrong-patient surgery
- •Surgical instruments or sponges left inside the patient
- •Damage to surrounding organs, nerves, or blood vessels during surgery
- •Performing an unnecessary surgical procedure
- •Inadequate post-operative monitoring leading to complications
- •Failure to obtain proper informed consent before surgery
- •Errors during minimally invasive or robotic surgery due to insufficient training
Key Facts
- ✓Operating room records, including time-stamped logs and surgical checklists, are critical evidence in proving surgical error claims
- ✓Wrong-site surgeries are considered 'never events' — incidents so clearly preventable they should never occur — which strengthens the plaintiff's case considerably
- ✓Expert surgical testimony is almost always required to establish what the accepted standard of care was and how it was breached
- ✓Many surgical error cases involve multiple defendants, including the surgeon, anesthesiologist, surgical nurses, and the hospital itself
- ✓The discovery of retained surgical instruments may not occur until weeks or months after the procedure, but statutes of limitations typically begin at the time of discovery
- ✓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.
Victim of Surgical Error in Missouri?
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Other Malpractice Types in Missouri
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Missouri.