Missouri Medical Malpractice Laws

Noneconomic damages are limited to $350,000, no matter how many defendants. The statute of limitations is two years from the incident or two years from the discovery of a foreign object, two years from the date of reasonable discovery for the negligent failure to inform a patient regarding the results of a medical test; for minors, until the 20th birthday. In no case, longer than 10 years from injury. There is modified joint and several liability (if the defendant is found to be 51% or greater at fault, then there is joint and several liability; if less than 51% at fault, the defendant is liable for that percentage of the judgment that the defendant has been determined to be at fault, with some specified exceptions. There is no limit on attorney fees. Periodic payments will be ordered by the court, upon request of a party before judgment is entered, if future damages awarded exceed $100,000. There is no requirement for pre-trial alternative dispute resolution or screening panel. An affidavit must be filed stating that the claimant has obtained a written opinion from a qualified expert that the defendant breached the standard of care that a reasonably competent health care provider would have provided under similar circumstances and that the breach caused or directly contributed to the claimant’s injury.

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