MO
Medical negligence settlements
in Missouri.
Missouri caps noneconomic damages in malpractice cases and raises the caps 1.7 percent every January. The Supreme Court upheld the cap in a wrongful death case where the jury awarded $9.2 million, and a later court upheld a verdict for a psychiatric patient discharged days before she set herself on fire.
Facts that decide a medical negligence claim in Missouri
| Malpractice cap | Noneconomic damages against health care providers: $400,000, or $700,000 for a catastrophic injury or death, with each limit increased by 1.7 percent every 1 January.Mo. Rev. Stat. § 538.210 |
|---|---|
| Malpractice deadline | Two years from the date of the act of neglect complained of, with limited exceptions.Mo. Rev. Stat. § 516.105 |
| Fault rule | Pure comparative fault: once the jury finds the defendant negligent, your own conduct reduces the award but cannot bar the claim entirely.Gustafson v. Benda, as quoted in Payne v. Fiesta Corp. (Mo. Ct. App. 2018) |