Missouri Birth Injury Lawyers
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Missouri Medical Liability/Malpractice Statutes of Limitation
All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.
Mo. Rev. Stat. §516.105 Two years from act. Foreign object: two years from discovery or should have discovered such alleged negligence with exercise of ordinary care, whichever date first occurs. Negligent failure to inform the patient of the results of medical tests: within two years from the date of the discovery of such alleged negligent failure to inform, or from the date on which the patient in the exercise of ordinary care should have discovered such alleged negligent failure to inform, whichever date first occurs; except that, no such action shall be brought for any negligent failure to inform about the results of medical tests performed more than two years before August 28, 1999. Minors under age 18: until 20th birthday. In no event shall any action be commenced after the expiration of 10 years from the date of the act or for two years from a minor's 18th birthday, whichever is later.
Missouri Medical Liability/Medical Malpractice Laws
Damage Award Limit or Cap
§538.210. Noneconomic damages limited to $350,000 regardless of number of defendants.
§510.265. No award of punitive damages against any defendant shall exceed the greater of: (1) $500,000; or (2) Five times the net amount of the judgment awarded to the plaintiff against the defendant.
Limits on Attorney Fees
§538.205 et seq. If the total amount of damages exceeds $100,000, at the request of any party to such action made prior to the entry of judgment, the court shall include in the judgment a requirement that future damages be paid in whole or in part in periodic or installment payments. Upon the death of a judgment creditor, the right to receive payments of future damages, other than future medical damages, being paid by installments or periodic payments will pass in accordance with the Missouri probate code unless otherwise transferred or alienated prior to death. Payment of future medical damages will continue to the estate of the judgment creditor only for as long as necessary to enable the estate to satisfy medical expenses of the judgment creditor that were due and owing at the time of death, which resulted directly from the injury for which damages were awarded, and do not exceed the dollar amount of the total payments for such future medical damages outstanding at the time of death.
Patient Compensation or Injury Fund
Medical or Peer Review Panels
§537.035. Peer review committees