Recent Missouri News
Malpractice Lawsuits Over Denied Abortion Care May Be on the Horizon
A year after the overturning of Roe v. Wade, many physicians and hospitals in the states that have restricted abortion reportedly are refusing to end the pregnancies of women facing health-threatening complications out of fear they might face criminal...
July 2021 Newsletter
Access to care benefits from Missouri liability decision With Missouri recently in the spotlight pending a decision from its Supreme Court, patients and physicians across the state now face a more certain future as the court upheld the constitutionality of reasonable...
Missouri medical malpractice damage caps upheld by state Supreme Court
SOURCE: Missouri Independent Limits on the amount of damages someone can recover in medical malpractice cases for pain and suffering do not violate Missouri’s constitution, the state Supreme Court ruled Thursday. In a 5-1 decision, the court determined that the...
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. |