Missouri (MO) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Missouri.
Damage Cap
$400,000 non-economic damages ($700,000 for catastrophic personal injury involving death or certain severe injuries)
Statute of Limitations
2 years from the date of the act of negligence
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.
Average Settlement
$200,000 - $475,000
Average Verdict
$350,000 - $1,200,000
Key Facts About Missouri Medical Malpractice Law
- 1Missouri has a two-tiered cap: $400,000 for non-economic damages in standard cases, rising to $700,000 for catastrophic injuries or death.
- 2A health care affidavit must be filed with the complaint stating a qualified provider has reviewed the claim.
- 3Missouri follows a pure comparative fault system, reducing but not barring recovery based on plaintiff's fault.
- 4Punitive damages are capped at the greater of $500,000 or five times the net amount of the judgment.
Need Help with a Missouri Medical Malpractice Case?
If you believe you have a medical malpractice claim in Missouri, it is important to act quickly. The statute of limitations in Missouri is 2 years from the date of the act of negligence. Most medical malpractice attorneys offer free initial consultations.