Missouri Medical Malpractice Attorneys

Statute of Limitations

2 years

2 years from the act of negligence (Mo. Rev. Stat. § 516.105); foreign-object discovery exception applies

Statute of Repose

10 years

10 years from the act/omission for foreign-object cases; otherwise the 2-year occurrence-based SOL controls

Non-Economic Damages Cap

1.7%

Approximately $465,000 standard / $814,000 catastrophic in 2024, indexed annually by 1.7% (Mo. Rev. Stat. § 538.210)

Pre-Suit Requirements

90 days

Affidavit of Merit (Mo. Rev. Stat. § 538.225) within 90 days of petition; legally qualified expert opinion required

Catastrophic Injury Definition

Quadriplegia

Quadriplegia, paraplegia, brain injury causing cognitive impairment, irreversible failure of vital organ system, or loss of vision in both eyes triggers higher tier cap

Typical attorney fee

33%

33%–40% contingency — no fee unless you win

Missouri statutorily caps non-economic damages in medical malpractice cases under Mo. Rev. Stat. § 538.210 — approximately $465,000 standard and $814,000 for catastrophic injuries or wrongful death in 2024, indexed annually by 1.7%. Economic damages are uncapped. Plaintiffs must file an Affidavit of Merit under § 538.225 within 90 days of the petition, attaching a legally qualified expert’s opinion that the defendant failed to use the requisite skill and that the failure caused the plaintiff’s damages. The 2-year SOL (§ 516.105) runs from the act of negligence, with limited discovery exceptions for foreign objects. University of Missouri Health Care includes state-affiliated components subject to the State Legal Expense Fund cap.