Missouri

Statute of

 Limitations

 Medical Claim Generally:

A medical malpractice claim be must be brought “two years from the date of occurrence of the act of neglect complained of, except that: (1) In cases in which the act of neglect complained of is introducing and negligently permitting any foreign object to remain within the body of a living person, the action shall be brought within two years from the date of the discovery of such alleged negligence, or from the date on which the patient in the exercise of ordinary care should have discovered such alleged negligence, whichever date first occurs; and (2) In cases in which the act of neglect complained of is the negligent failure to inform the patient of the results of medical tests, the action for failure to inform shall be brought within two years from the date of the discovery of such alleged negligent failure to inform, or from the date on which the patient in the exercise of ordinary care should have discovered such alleged negligent failure to inform, whichever date first occurs” [Mo. Rev. Stat. § 516.105]  

 Minors:

“In cases in which the person bringing the action is a minor less than eighteen years of age, such minor shall have until his or her twentieth birthday to bring such action. In no event shall any action for damages for malpractice, error, or mistake be commenced after the expiration of ten years from the date of the act of neglect complained of or for two years from a minor's eighteenth birthday, whichever is later.” [Mo. Rev. Stat. § 516.105] 

 Wrongful death:

A wrongful death claim must be brought within 3 years of the date of death [Mo. Rev. Stat. § 537.080]

 Damage Caps

“No plaintiff shall recover more than four hundred thousand dollars for noneconomic damages irrespective of the number of defendants.” However, “in any action against a health care provider for damages for a catastrophic personal injury arising out of the rendering or failure to render heath care services, no plaintiff shall recover more than seven hundred thousand dollars for noneconomic damages irrespective of the number of defendants.” This amount is adjusted annually and the numbers indicated here are according to the 2015 statute. [Mo. Rev. Stat. § 538.210]                                                                                                                                                                                                

The cap for non-catastrophic injuries is $420,749  and the cap for catastrophic injuries is $736,310 as of 2024.

Attorney 

Fee Caps

Missouri currently does not have attorney fee caps

 Pre-suit   Requirements

“In any action against a health care provider for damages for personal injury or death on account of the rendering of or failure to render health care services, the plaintiff or the plaintiff's attorney shall file an affidavit with the court stating that he or she has obtained the written opinion of a legally qualified health care provider which states that the defendant health care provider failed to use such care as a reasonably prudent and careful health care provider would have under similar circumstances and that such failure to use such reasonable care directly caused or directly contributed to cause the damages claimed in the petition.” An affidavit must be filed for each named defendant. [Mo. Rev. Stat. § 538.225]

Expert  

 Qualifications

“A health care provider licensed in this state or any other state in the same profession as the defendant and either actively practicing or within five years of retirement from actively practicing substantially the same specialty as the defendant” [Mo. Rev. Stat. § 538.225]

 Negligent Credentialing   Claims

The Supreme Court of Missouri has recognized negligent credentialing as a cause of action  [Tharp v. St. Luke's Surgicenter-Lee's Summit, LLC]