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Missouri · medical negligence

Medical negligence settlements
in Missouri.

By 6 min read

Missouri applies pure comparative negligence with one of the longer US PI limitation windows (five years generally) and an inflation-indexed cap on medical-malpractice non-economic damages. For medical negligence claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Missouri's pure comparative negligence and any applicable statutory cap.

Missouri applies pure comparative negligence, which means a medical negligence claimant who is partly responsible for their own injury still recovers — the award is reduced by the percentage of fault attributed to them, but never barred. This is materially more claimant-friendly than the modified or contributory rules in neighbouring jurisdictions, and it shows up in medical negligence settlements where comparative fault is contested (the claimant who failed to mitigate, the unbelted occupant, the worker who departed from a safety protocol).

For medical negligence claims specifically, statutory caps frequently apply to non-economic damages or to total recovery — Missouri's caps (non-economic damages cap (med-mal)) materially compress the upper end of the band. Catastrophic medical negligence cases that would otherwise produce seven- or eight-figure awards are routinely capped at the statutory ceiling.

band · US federal frame
$30,000 – statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. Missouri's fault rule and any applicable cap then adjust the figure.

MO · statute of limitations
5 years for personal injury; 2 years for medical malpractice

Mo. Rev. Stat. § 516.120, § 516.105

MO · fault rule
Pure comparative negligence

Pure comparative negligence — Gustafson v. Benda (1983) abolished the contributory bar.

MO · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Missouri.

medical negligence · same region & fault regime

Compare to like jurisdictions.

How Missouri's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Missouri · you are herePure comparative negligence5 years for personal injury; 2 years for medical malpractice
NebraskaModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeNE · medical negligence
North DakotaModified comparative — 50% bar6 years for personal injury; 2 years for medical malpracticeND · medical negligence
OhioModified comparative — 51% bar2 years from date of injuryOH · medical negligence
South DakotaPure comparative negligence3 years from date of injurySD · medical negligence
WisconsinModified comparative — 51% bar3 years from date of injuryWI · medical negligence
IllinoisModified comparative — 51% bar2 years from date of injuryIL · medical negligence
New MexicoPure comparative negligence3 years from date of injuryNM · medical negligence
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · medical negligence
Rhode IslandPure comparative negligence3 years from date of injuryRI · medical negligence
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence
MontanaModified comparative — 51% bar3 years from date of injuryMT · medical negligence
NevadaModified comparative — 51% bar2 years for personal injury; 3 years for medical malpracticeNV · medical negligence
MO · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Missouri's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Missouri. See /methodology, /sources, and /disclaimer.