Recent Missouri News
November 2023 Newsletter
Missouri Supreme Court examines implications of expanding statute of limitations A pending case in Missouri is putting medical liability in legal limbo, as the state's Supreme Court is grappling with a crucial decision on the time limits for patients filing claims...
Don’t Create Loophole on Medical Liability Statute of Limitations
The Missouri Supreme Court is set to determine whether patients will, in effect, have an indefinite amount of time to file medical liability claims against their physicians. The state has a strict two-year statute of limitations on the time patients have to file a...
June 2023 Newsletter
HCLA Pushes for Good Samaritan legislation in pandemic preparedness reauthorization As legislative hearings and markups were underway in Washington, D.C., earlier this month, the HCLA announced its support for including the language contained in the Good Samaritan...
Current Medical Liability Laws
| Damage Caps | In 2015, Missouri enacted a A defendant can only be held jointly Parties may introduce evidence of the actual cost of Yes. In cases where payment for future $400,000 cap on noneconomic damages generally and a $700,000 cap on noneconomic damages for cases involving catastrophic injury. These caps increase by one and seven-tenths percent on an annual basis effective January first of each year. In 2024, the respective caps were $450,000 and $787,671. These caps apply irrespective of the number of defendants. |
| Joint Liability Reform | A defendant can only be held jointly liable for damages if the defendant is greater than 51% at fault. A defendant who is less than 51% at fault shall only be responsible for damages in proportion to his or her degree of fault. |
| Collateral Source Reform | Parties may introduce evidence of the actual cost of Yes. In cases where payment for future $400,000 cap on liable for damages if the defendant the medical care or treatment rendered to the plaintiff. “Actual cost of the medical care or treatment” is a sum of money not to exceed the dollar amounts paid by or on behalf of a plaintiff or a patient whose care is at issue plus any remaining dollar amount necessary to satisfy the financial obligation for medical care or treatment by a health care provider after adjustment for any contractual discounts, price reduction, or write-off by any person or entity. |
| Attorney Fees Limited | No |
| Periodic Payments Permitted | Yes. In cases where payment for future damages exceeds $100,000, court may order periodic payment upon request of either party. Court has upheld the constitutionality of this law. |