Missouri · Medical Malpractice
Missouri medical malpractice damage caps and statute of limitations
Refreshed 2026. ~$481,444 (2026) damage cap. 2 years from act or omission (effective Aug 28, 2025; previously 5 years). Full breakdown below.
Damage caps
MO Rev. Stat. § 538.210Non-economic damages cap
~$481,444 (2026)
Total damages cap
None
Status
active
Notes
1.7% annual inflation adjustment. Catastrophic injury/wrongful death noneconomic cap: ~$842,614 (2026). Catastrophic = death, quadriplegia, paraplegia, loss of two+ limbs, irreversible brain injury with severe functional limitations. Constitutionality upheld in Watts v. Lester E. Cox Med. Ctrs. (2021).
Statute of limitations
MO Rev. Stat. § 516.105Standard SOL
2 years from act or omission (effective Aug 28, 2025; previously 5 years)
Discovery rule
Limited; generally runs from date of act, not discovery. Some case law exceptions.
Statute of repose
10 years from act or omission
Minor exception
Tolled during minority; SOL begins at age 18
Wrongful death SOL
3 years from date of death
Notes
HB 68 (2025) drastically reduced SOL from 5 to 2 years. Major change for plaintiffs.
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Missouri med-mal FAQ
What is the medical malpractice statute of limitations in Missouri?+
2 years from act or omission (effective Aug 28, 2025; previously 5 years). Limited; generally runs from date of act, not discovery. Some case law exceptions. Statute of repose: 10 years from act or omission. Wrongful death: 3 years from date of death. HB 68 (2025) drastically reduced SOL from 5 to 2 years. Major change for plaintiffs. Source: MO Rev. Stat. § 516.105.
Does Missouri have a medical malpractice damage cap?+
Non-economic cap: ~$481,444 (2026). 1.7% annual inflation adjustment. Catastrophic injury/wrongful death noneconomic cap: ~$842,614 (2026). Catastrophic = death, quadriplegia, paraplegia, loss of two+ limbs, irreversible brain injury with severe functional limitations. Constitutionality upheld in Watts v. Lester E. Cox Med. Ctrs. (2021). Source: MO Rev. Stat. § 538.210.
How does Missouri handle the discovery rule in med-mal cases?+
Limited; generally runs from date of act, not discovery. Some case law exceptions.
What is the Missouri minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 18
What is the wrongful death statute of limitations for Missouri medical malpractice?+
3 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Missouri damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Missouri attorney before relying on a deadline. Data refreshed May 2026.