The basic deadline: two years

Missouri gives you two years to sue a health care provider (RSMo 516.105). The clock usually starts on the date of the care you are claiming about. It does not wait until you learn it was a mistake.

This is shorter than the five-year deadline for most other injury claims. See the personal injury deadline guide for those.

Exceptions to the two-year rule

Foreign objects left in the body

If a sponge, tool or other object was left inside you, the two years run from when you found it, or when you reasonably should have found it, whichever comes first.

Test results you were never told about

If a provider failed to tell you the results of a medical test, the two years run from when you found out, or reasonably should have found out, about that failure.

Children

A child under 18 has until his or her 20th birthday to file. Missouri’s general rule that pauses deadlines for people under 21 or with a mental incapacity does not apply to malpractice claims (RSMo 516.170).

The outer limit

No malpractice claim can be filed more than ten years after the care, or two years after a child’s 18th birthday, whichever is later. This applies even if no one knew about the problem.

When a patient has died

If a patient died because of medical care, certain family members may bring a wrongful death claim. The law ranks who may sue. First come the spouse, children and parents. Next come brothers and sisters. If there are none, a court may appoint someone (RSMo 537.080).

The wrongful death law has a three-year deadline (RSMo 537.100). When a death follows medical care, which deadline controls can be a hard question. Treat the earliest possible date as your deadline and get advice early. See who can sue for wrongful death.

Damages in a death case can include lost financial support, funeral costs and the loss of the person’s care, comfort and guidance (RSMo 537.090).

The health care provider affidavit

Missouri adds a step that other injury cases do not have (RSMo 538.225). Your lawyer must file an affidavit with the court. It says a legally qualified health care provider gave a written opinion that:

• The defendant did not use the care a reasonably careful provider would have used, and
• That failure directly caused, or helped cause, the harm claimed.

In practice, the medical review should happen before the lawsuit is filed. That is why malpractice cases need time to prepare, and why waiting until near the two-year mark is risky.

Limits on damages in 2026

Missouri sorts damages into two kinds (RSMo 538.205). Economic damages are money losses, such as medical bills, lost pay and lost earning ability. Noneconomic damages are for pain, suffering, mental anguish, physical impairment, disfigurement and loss of enjoyment of life.

Missouri limits noneconomic damages in malpractice cases (RSMo 538.210). The limits started at $400,000 and $700,000 and rise by 1.7 percent each January. The Missouri Department of Commerce and Insurance publishes the current figures.

What counts as catastrophic

The law lists specific injuries (RSMo 538.205). They include paralysis of two or four limbs, the loss of two or more limbs, and a brain injury that leaves a person permanently unable to make their own decisions or do basic daily tasks. They also include the permanent failure of a major organ system and severe vision loss.

Death cases

The limit for a death case started from the same $700,000 base as the catastrophic limit and rises the same way. All family members bringing the wrongful death claim count as one plaintiff for the limit.

Other rules to know

• The limit applies to noneconomic damages. It does not cap economic damages like medical bills and lost pay.
• The limit applies no matter how many providers are sued.
• A spouse’s claim for loss of companionship counts with the patient’s claim for the limit.
• The jury is not told about the limit.
• Punitive damages need clear and convincing proof that the provider meant to cause harm or acted with malice. Carelessness alone is not enough.
• If a total award is over $100,000, a party can ask the court to order future damages paid over time (RSMo 538.220).

What to do now

1. Write down the date of the care you are concerned about. That is likely where the clock starts.
2. Ask for your complete medical records from each provider.
3. Write a timeline of your symptoms, visits and what you were told.
4. Keep your bills, pay stubs and receipts for costs tied to the care.
5. Do not sign a release or settlement paper without advice.

Your first consultation about a possible malpractice case is free. Harjot Singh Padda, JD can look at your dates and explain which deadline may apply.

Common questions

Related reading

• Medical malpractice in St. Louis
• Missouri injury deadlines
• Wrongful death claims
• Birth injuries
• Nursing home neglect