Missouri Medical Malpractice Insurance

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Summary of the Missouri Medical Malpractice Insurance Market

Over the past ten years, the medical malpractice insurance market concentration for Missouri health care providers has not changed significantly. The top five writers insure approximately 70% of the available medical liability insurance market. However, there has been one significant change in the medical malpractice market. This change has been the growth of mutual insurance companies organized under the Chapter 383 RsMO, also known as “383 companies.”

Under this statute the companies are allowed to assess the policyholders in the event that losses exceed premiums. This form of transferring of the risk acts as a substitute for stricter capital and surplus requirements that regulate traditional insurance companies.

Missouri Tort Reform

House Bill 393 was signed into law on March 29, 2005. The following are a few of the significant provisions within the bill:

1. Venue is limited to the place of first injury
2. Punitive damages are limited to the lesser of $500,000 or five times the actual damages
3. Benevolent gestures of sympathy are inadmissible as evidence of liability
4. Cap on non-economic damages (Ruled unconstitutional July 31, 2012)

A recent decision by the Supreme Court of Missouri on July 31, 2012 has ruled part of the tort reform law unconstitutional: The $350,000 cap for noneconomic damages has been thrown out. Other parts of the tort reform remain intact.

External Links & Resources for Missouri Physicians & Surgeons

• Missouri State Medical Association (MSMA)
• Missouri Association of Osteopathic Physicians and Surgeons (MAOPS)
• Missouri Emergency Medical Services Association (MEMSA)
• Missouri Hospital Association (MHA)
• Missouri MGMA
• Missouri Radiological Society (MRS)
• Cape Girardeau County Area Medical Society
• Greene County Medical Society (GCMS)
• Metropolitan Medical Society of Greater Kansas City
• St. Charles–Lincoln County Medical Society
• St. Louis Metropolitan Medical Society (SLMMS)
• Missouri Ambulatory Surgery Center Association (MASCA)