Missouri medical malpractice laws Archives - Medical Malpractice Lawyers

Missouri Appellate Court Affirms Failure To Timely Disclose Expert Dooms Medical Malpractice Case

February 25, 2026

To make a claim of medical malpractice in Missouri, a plaintiff must prove the defendant failed to meet a required medical standard of care, their acts or omissions were performed negligently, and those acts or omissions caused her injuries. In a case decided by a Missouri appellate court on Decembe[...]

Missouri Appellate Court Holds Continuing Care Doctrine Did Not Revive Medical Malpractice Case

June 30, 2025

The Wolfes filed a petition alleging negligent post-operative care of Frank Wolfe. The defendant filed a motion for partial summary judgment arguing that all claims of medical negligence occurred before July 16, 2019, more than two years before the petition was filed. As such, the defendant argued t[...]

Missouri Appellate Court Affirms Dismissal Of Medical Malpractice Case Due To Unsigned Affidavit

August 8, 2023

Missouri Medical Malpractice Law Court Affirms Dismissal Of Case Due To Unsigned Affidavit: Section 538.225, which governs the requirements for filing medical malpractice claims, states: “In any action against a health care provider for damages for personal injury or death on account of the re[...]

Missouri Appellate Court Rules Heartland Independent Living Center Is Not A Health Care Provider

November 4, 2021

The Missouri Court of Appeals Eastern District (“Missouri Appellate Court”) held in a case determining which statute of limitations applied in a case where the disabled plaintiff was scalded by the alleged negligence of a home health care worker: “even though Heartland [Independent[...]

Missouri Supreme Court Upholds Cap On Noneconomic Damages In Medical Malpractice Cases

July 25, 2021

The Supreme Court of Missouri, in its opinion issued on July 22, 2021, upheld Missouri’s cap on nonecnomic damages in Missouri medical malpractice cases, stating, “Because a medical negligence action is a statutorily created cause of action, the General Assembly had the legislative autho[...]

Missouri Federal Court Does Not Allow Affirmative Defense Of Comparative Fault In Medical Malpractice Case

September 24, 2020

The United States District Court for the Western District of Missouri Central Division (“Federal Court”) held in its Order dated August 14, 2020: “In sum, on the facts, law, and arguments presented here, Mr. Campbell’s pre-treatment conduct and his medical conditions as described[...]

Missouri Appellate Court Upholds $12.8M Medical Malpractice Verdict For Failire To Timely Diagnose Mesenteric Ischemia

October 14, 2019

The Missouri Court of Appeals Eastern District Division Four (“Missouri Appellate Court”), in its opinion filed on October 1, 2019, affirmed a Missouri medical malpractice jury’s verdict for the plaintiff in the amount of $14,245,545 that was reduced to $12,820,990 because the jury[...]

Missouri Appellate Court Affirms $9.4M Orthopedic Surgery Malpractice Verdict

March 11, 2019

In its Opinion filed on February 26, 2019, the Missouri Court of Appeals Eastern District Division One (“Missouri Appellate Court”) affirmed a $9.4 million orthopedic surgery medical malpractice verdict. The Missouri medical malpractice jury had awarded the plaintiff $4,451,875 in compen[...]

Missouri Supreme Court Rules Medical Malpractice Defendant’s Trial Testimony Not Substantially Different From His Deposition Testimony

September 28, 2018

The Supreme Court of Missouri (“Missouri Supreme Court”) upheld a defense verdict in a Missouri medical malpractice case in its opinion issued on September 11, 2018, holding that the defendant surgeon’s trial testimony was not substantially different than his opinion disclosed in d[...]

Missouri Supreme Court Affirms Dismissal Of Medical Malpractice Case For Failure To File Affidavit Of Merit

May 19, 2018

The Supreme Court of Missouri (“Missouri Supreme Court”) held in its en banc opinion issued on May 1, 2018 that the Missouri medical malpractice plaintiff’s case was properly dismissed because she failed to file any affidavit of merit, not because she offered multiple affidavits or[...]

Missouri Supreme Court Discusses Juror Bias Claim In Medical Malpractice Case

August 19, 2017

The Supreme Court of Missouri (“Missouri Supreme Court”), in its opinion issued on August 1, 2017, affirmed a Missouri medical malpractice defense verdict, finding that the trial court did not abuse its discretion by failing to strike for cause prospective juror 24 because she allegedly[...]

Missouri Supreme Court Decision Relieves Hospital From Responsibility For Patient Murders

September 11, 2015

The Supreme Court of Missouri (“Missouri Supreme Court”) issued a decision on August 18, 2015 in five consolidated wrongful death cases, all involving the deaths of family members who were patients at the defendant hospital in 2002. The Missouri Supreme Court held that the plaintiffs�[...]

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