Health & Medical in Missouri

Missouri Stat. § 516.105 provides a two-year statute of limitations from the date of the negligent act or discovery. An affidavit of merit from a qualified health care professional in the same specialty must be filed within 90 days of the complaint under § 538.225.

Missouri previously enacted caps on non-economic malpractice damages, but the Missouri Supreme Court struck down both the original cap and a re-enacted cap as unconstitutional in 2012 and 2013. Currently, there is no enforceable statutory cap on non-economic damages in Missouri medical malpractice cases.

Under Mo. Rev. Stat. § 538.225, a medical malpractice plaintiff's attorney must file an affidavit from a qualified health care professional in the same specialty as the defendant within 90 days of filing the complaint. The affidavit must state that the defendant deviated from the applicable standard of care. Failure to file may result in dismissal.

Complaints against physicians may be filed with the Missouri Board of Registration for the Healing Arts through the Division of Professional Registration at pr.mo.gov. The Board investigates and may impose conditions, suspend, or revoke licensure. Board actions are independent of civil litigation.