Every state, including Missouri, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In Missouri, the statute of limitations is two years. The exception is if the claim involves a foreign object, the claimant is allowed two years from the date of discovering the alleged negligence to bring an action. That said, claimants can not sue for medical malpractice more than ten years from the date of the alleged act. Minors under the age of ten have until the twelfth birthday to bring his cause of action. An action for wrongful death based on medical malpractice is governed by the three-year wrongful death limitations period and not the two-year medical malpractice limitations period.
Missouri is a pure comparative negligence state. This means a claimant’s contributory negligence does not bar recovery. However, damages are reduced in proportion to the amount of negligence attributable to the claimant.
Costs, Requirements, and Limitations:
• Industry Average Cost of a Missouri Medical Malpractice Insurance Policy: $8,906
• Is Medical Malpractice Insurance Required in Missouri? No, but protecting assets is recommended.
• Minimum Carrying Requirements in Missouri: None, but as mentioned it is highly recommended.
• What are the medical malpractice damage caps in Missouri?None, which means plaintiffs can pursue larger totals of compensation than in other states.
• What is the “statute of limitations” for a medical malpractice complaint? 2 years, Missouri Revised Statutes section 516.105