Senate Bill 239, signed into law in 2015, establishes caps on the amount of non-economic damages recoverable by a plaintiff in a medical malpractice action. For “non-catastrophic” injuries, the cap was initially established at $400,000, while the cap for “catastrophic” injuries was set at $700,000. Section 538.205 RSMo. defines a catastrophic injury as an injury resulting in quadriplegia, paraplegia, the loss of two or more limbs, significant and permanent cognitive impairment, irreversible failure of a major organ, or significant loss of vision.
Section 538.210.8 provides for an annual increase in these caps by a constant rate of 1.7 percent. The caps calculated out to 2050 are in the following table.
| Year | Cap for Non-Catastrophic Injuries | Cap for Catastrophic Injuries |
|---|---|---|
| 2025 | $473,444 | $828,529 |
| 2024 | $465,531 | $814,679 |
| 2023 | $457,749 | $801,061 |
| 2022 | $450,098 | $787,671 |
| 2021 | $442,574 | $774,504 |
| 2020 | $435,176 | $761,558 |
| 2019 | $427,901 | $748,828 |
| 2018 | $420,749 | $736,310 |
| 2017 | $413,716 | $724,002 |
| 2016 | $406,800 | $711,900 |
| 2015 | $400,000 | $700,000 |
Historical caps prior to 2005 by Year
- 2005: $579,000
- 2004: $565,000
- 2003: $557,000
- 2002: $547,000
- 2001: $540,000
- 2000: $528,000
- 1999: $517,000
- 1998: $513,000
- 1997: $502,000
- 1996: $492,000
- 1995: $482,000
- 1994: $474,000
- 1993: $462,000
- 1992: $446,000
- 1991: $430,000
- 1990: $401,000
- 1989: $391,000
- 1988: $373,000
- 1987: $356,000
- 1986: $350,000