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 |
|---|---|---|
| 2015 | 400,000 | 700,000 |
| 2016 | $406,800 | $711,900 |
| 2017 | $413,716 | $724,002 |
| 2018 | $420,749 | $736,310 |
| 2019 | $427,901 | $748,828 |
| 2020 | $435,176 | $761,558 |
| 2021 | $442,574 | $774,504 |
| 2022 | $450,098 | $787,671 |
| 2023 | $457,749 | $801,061 |
| 2024 | $465,531 | $814,679 |
| 2025 | $473,445 | $828,529 |
| 2026 | $481,494 | $842,614 |
| 2027 | $489,679 | $856,938 |
| 2028 | $498,003 | $871,506 |
| 2029 | $506,470 | $886,322 |
| 2030 | $515,080 | $901,389 |
| 2031 | $523,836 | $916,713 |
| 2032 | $532,741 | $932,297 |
| 2033 | $541,798 | $948,146 |
| 2034 | $551,008 | $964,264 |
| 2035 | $560,375 | $980,657 |
| 2036 | $569,902 | $997,328 |
| 2037 | $579,590 | $1,014,283 |
| 2038 | $589,443 | $1,031,525 |
| 2039 | $599,464 | $1,049,061 |
| 2040 | $609,655 | $1,066,895 |
| 2041 | $620,019 | $1,085,033 |
| 2042 | $630,559 | $1,103,478 |
| 2043 | $641,278 | $1,122,237 |
| 2044 | $652,180 | $1,141,315 |
| 2045 | $663,267 | $1,160,718 |
| 2046 | $674,543 | $1,180,450 |
| 2047 | $686,010 | $1,200,926 |
| 2048 | $697,672 | $1,220,926 |
| 2049 | $709,533 | $1,241,682 |
| 2050 | $721,595 | $1,262,791 |
| 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 |