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Do I Have a Medical Malpractice Case?

Medical professionals make errors all the time, just like people in other occupations do. However, when medical professionals make mistakes, it’s your health on the line, which is nothing to scoff about.

Read on to learn the requirements for a medical malpractice case in Missouri.


Each state has its own requirements for medical malpractice cases. In order to have a viable medical malpractice case in Missouri, the following elements must be present:

  • “Affidavit of Qualified Healthcare Provider”
    • If you intend to file a suit for medical malpractice, you must file an affidavit that states you’ve attained a written opinion of a “legally qualified health care provider.” This person must find the following:
      • That your health care provider failed to give you the treatment that a “reasonably prudent and careful health care provider would have under similar circumstances,” and
      • The medical professional’s neglect prompted your harm.
    • This affidavit needs to be presented within 90 days of filing suit. However, if you’re able to show “good cause,” you may be granted an additional 90 days.
    • If you don’t file an affidavit, your case will likely be dismissed.
  • File within the statute of limitations
    • If you intend to bring about a medical malpractice case, you have two years from the date of the medical error to do so. If you fail to file suit within two years from the medical mistake, you must suffer in silence, as the court is not likely to review your case past the statute of limitations.

In addition to the aforementioned requirements, Missouri state law caps noneconomic damages at $400,000. This cap is enforced no matter how many health care providers you sue in your medical malpractice lawsuit.

However, for catastrophic personal injuries or wrongful death, the cap for noneconomic damages increases to $700,000.

Noneconomic damages are designed to compensate you for the negative impacts of medical malpractice that aren’t easily quantifiable. These include (but are not limited to) the following:

  • Pain and suffering
  • Stress and anxiety
  • Loss of life enjoyment
  • Scarring and disfigurement
  • Loss of consortium

Let Us Help

If you’ve been injured as a result of a medical professional’s mistake, you may be entitled to compensation. Our skilled attorneys at Dempsey & Kingsland, P.C. are here to help. Our team has helped many other people achieve the justice they deserved and we can help you, too. Don’t hesitate to contact us with your case right away.

Call Dempsey & Kingsland, P.C. today at (816) 484-3776 or fill out an online form for a free consultation regarding your case.