Missouri State Medical Malpractice & Injury Claims Caps
Medical malpractice cases are extremely expensive to litigate for plaintiffs, medical providers, insurance companies and the courts. To curb medical malpractice litigation, Missouri has joined several other states in enacting tort reform that caps non-economic damages in medical negligence cases.
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Non-economic Damages Cap
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The Missouri cap on medical malpractice damages is only limited to non-economic damages. Economic damages represent actual financial loss, such as additional medical expenses, lost income and in the event of a death, loss of benefits to the family. Non-economic damages reflect an additional award for pain and suffering and other losses that cannot be measured.
Missouri cap
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Prior to August, 2005, the medical malpractice cap on non-economic damages in Missouri changed each year. The Missouri Department of Insurance, Financial Institutions and Professional Registration would calculate an adjusted rate each year. However, beginning with cases filed after August, 2005, the cap is $350,000, regardless of the number of defendants.
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Constitutional
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Tort reform such as medical malpractice damages caps are highly controversial and Missouri's is no exception. The issue of whether the 2005 law violated the Missouri Constitution was litigated in 2010 and the Supreme Court of Missouri declared the cap constitutional.
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References
- David Lieb, Insurance Journal: Missouri high court narrows medical malpractice limits
- McCullough Campbell & Lane: Summary of medical malpractice law: Missouri
- Missouri Department of Insurance, Financial Institutions and Professional Regulation: Medical malpractice limits
- Missouri Revised Statutes: Section 538-210
- Photo Credit Medical instruments image by Keith Frith from Fotolia.com
