Missouri

Missouri Medical Malpractice Basics

• 8 companies comprise 76% of the market.
• Number of Physicians: 16,872
• Number of Carriers: 53
• Total claims closed in 2012: 903
• Percent of claims resulting in no payment to a claimant: 70.1%
• Indemnity Payments: $131,041,456

Tort Reform

From 2005 through 2012, Missouri had a cap on non-economic damages of $350,000; however, in 2012 the Missouri Supreme Court determined the cap to be unconstitutional and the limit was removed. In 2013, the Missouri House passed a new bill reinstituting the $350,000 noneconomic damage cap, which it was hoped would stand up to constitutional challenges. However, that bill did not make it through the Senate.

Liability Limits

Missouri’s basic liability limit for medical malpractice insurance is $1M per occurrence and $3M aggregate per policy period (1 year). The $1M/$3M limit is fairly standard across most of the U.S. In some states, physicians are allowed to carry lower limits, but most physicians are not comfortable with doing so, and rightly so. The argument for lower limits is that in the case of a lawsuit, attorneys will only go after the amount of the policy limit, so the higher the limit the more money they will sue for. However, this has not always proven to be the case, and in today’s litigious environment, the $1M/$3M minimum is recommended.

Statute of Limitations

In Missouri, medical malpractice claims must be brought within two years of the date of occurrence of the alleged negligent act. There are a few exceptions, including cases in which foreign objects were left in the body, failure to inform patients of results of medical tests, and cases where the claimant was a minor at the time of the alleged malpractice. In the case of foreign objects left in the body, the action needs to be brought within two years of discovery of the alleged negligent act. If the alleged negligent act involved failure to inform a patient of results of medical tests, that action must be brought within two years of the date of discovery of the failure to inform. Lastly, if the case involves a minor, the person has until his or her 20^th birthday to bring an action against the provider. No action for damages can be brought more than 10 years from the date of the alleged negligent act.

Summary of the Missouri Medical Malpractice Insurance Market

Due to the 2012 ruling finding the law that provided for caps on non-economic damages unconstitutional, the Missouri market may prove to be unstable in the near future. However, if the proposed revised statute that has passed the House (Missouri HB 1173) makes it through the Senate and avoids a veto by the governor a measure of stability may be regained.

Even given the tenuous status of tort reform, however, there are some factors that serve to minimize the risk of malpractice litigation in Missouri. For one thing, Missouri law does not invite frivolous or wantonly filed malpractice lawsuits. To avoid having a suit dismissed, claimants are required to submit an affidavit or certificate of merit within 90 days of filing a malpractice complaint, and they are required to retain an expert witness. Additionally, the large number of insurance providers and diversity of the market have helped to keep rates low even during times of legislative and judicial uncertainty, as evidenced by a 6.63% premium drop from 2012-2013.

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)
• 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)

Want to learn more about medical malpractice insurance policies in your state? Call our main office in St. Louis, Missouri, at (855) 823-5283 for all your questions about malpractice policies in Missouri. Get your free quote today!