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Medical Malpractice Rules in Missouri

The deadline to file a medical malpractice claim in Missouri, the discovery rule, and caps on damages.

Short answer: Two years from the date of the negligent act. Exceptions: for a foreign object left in the body or a negligent failure to report medical test results, two years from when the problem was or should have been discovered; Mo. Rev. Stat. § 516.105

Medical malpractice deadlineTwo years from the date of the negligent act. Exceptions: for a foreign object left in the body or a negligent failure to report medical test results, two years from when the problem was or should have been discovered; a minor has until age 20. In no event may a malpractice action be filed more than ten years after the act, or two years after a minor's 18th birthday, whichever is later.
Source: Mo. Rev. Stat. § 516.105
Medical malpractice capsYes. Noneconomic damages against health care providers are capped at a base of $400,000 for personal injury and $700,000 for catastrophic personal injury or death, regardless of the number of defendants. All wrongful death claimants count as one plaintiff. The caps increase by 1.7% every January 1, with the current values published in the Missouri Register by the Department of Commerce and Insurance. The jury is not told about the cap. Punitive damages against a health care provider require clear and convincing proof of intentional harm or malicious misconduct.
Source: Mo. Rev. Stat. § 538.210

More Missouri personal injury & wrongful death

FAQ

What is the statute of limitations for medical malpractice in Missouri?
Two years from the date of the negligent act. Exceptions: for a foreign object left in the body or a negligent failure to report medical test results, two years from when the problem was or should have been discovered; a minor has until age 20. In no event may a malpractice action be filed more than ten years after the act, or two years after a minor's 18th birthday, whichever is later.
Is there a cap on medical malpractice damages in Missouri?
Yes. Noneconomic damages against health care providers are capped at a base of $400,000 for personal injury and $700,000 for catastrophic personal injury or death, regardless of the number of defendants. All wrongful death claimants count as one plaintiff. The caps increase by 1.7% every January 1, with the current values published in the Missouri Register by the Department of Commerce and Insurance. The jury is not told about the cap. Punitive damages against a health care provider require clear and convincing proof of intentional harm or malicious misconduct.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.