Medical Malpractice Limits
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 |
| Year | Limit |
|---|---|
| 2005 | $579,000 |
| $350,000 | |
| 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 |