Medical malpractice cases are among the most intricate types of personal injury claims, largely due to the technical nature of the evidence involved and the significant stakes for the injured parties. When a patient suffers harm because a medical provider fails to meet the accepted standard of care, the consequences can be life-altering.
Physical pain, emotional trauma, long-term disability, or even wrongful death can result from preventable medical errors. In Missouri, victims of medical malpractice have the right to seek compensation for a wide range of losses, known in legal terms as damages, but the process involves handling specific laws and limitations unique to the state.
At The Tourigny Law Firm LLC, we’re committed to helping injured patients understand their rights and pursue compensation. Our personal injury attorney in Kansas City, Missouri, represents those harmed by negligent care and work diligently to secure justice for individuals and families affected by medical malpractice.
With our guidance, clients can approach the legal process with clarity and confidence, knowing their case is built on a strong foundation of knowledge and experience.
Types of Damages in Medical Malpractice Cases
In any personal injury case, damages refer to the monetary compensation awarded to a plaintiff who has suffered harm due to another's wrongdoing. In Missouri medical malpractice cases, damages fall into three general categories:
Economic damages
Non-economic damages
Punitive damages
Each category is designed to address a different aspect of the injury and loss sustained by the patient.
Economic Damages in Missouri Medical Malpractice Cases
Economic damages are tangible losses that can be quantified through documentation, such as receipts, bills, and pay stubs. These include medical expenses, lost income, and diminished earning capacity.
Medical expenses
This includes all costs related to the care and treatment of the injury caused by malpractice. It may involve hospital and emergency room bills, surgery costs, prescription medications, physical therapy, rehabilitation, long-term care, and in-home medical services. Future medical expenses are also recoverable if they can be reasonably estimated through a medical specialist's testimony.
Lost income and earning capacity
If the injury interferes with the patient’s ability to work, compensation may include wages lost due to missed time from work, future loss of earnings, and loss of employment benefits such as health insurance or retirement contributions. Documentation typically includes employment records, tax filings, and professional analysis of vocational limitations.
Non-Economic Damages
Non-economic damages compensate for intangible losses that are not easily calculated but have a substantial impact on the injured person's life.
Pain and suffering
This refers to the physical pain and emotional distress resulting from the injury. The law acknowledges that trauma from malpractice can affect the entire quality of a person’s life.
Loss of enjoyment of life
A plaintiff may be awarded damages if the injury prevents participation in hobbies, activities, or personal routines that previously brought fulfillment or joy.
Emotional distress
This includes psychological effects such as anxiety, depression, or trauma caused by the experience. Some victims of medical negligence struggle with long-term mental health challenges as a result of what they endured.
Loss of consortium
The spouse of an injured person may recover damages for the loss of companionship, affection, sexual intimacy, and emotional support due to the injured party's condition.
Missouri’s Cap on Non-Economic Damages
Missouri law places a cap, or limit, on non-economic damages in medical malpractice cases. This is an important distinction from economic damages, which are not capped.
The state sets different limits depending on the severity of the injury. Higher caps apply to catastrophic injuries, such as quadriplegia, paraplegia, permanent cognitive impairment, loss of reproductive organs, or wrongful death. These caps are adjusted annually for inflation, usually in February, and apply per plaintiff, per defendant.
Understanding these statutory limits is important, as they can significantly influence the value of a case and the outcome of settlement discussions or jury awards.
Punitive Damages in Missouri Medical Malpractice Cases
Punitive damages are intended to punish the defendant rather than compensate the plaintiff. They’re awarded in rare situations where the conduct of the medical provider was especially egregious or reckless.
To seek punitive damages in Missouri, a plaintiff must file a motion and obtain court approval. The court must find clear and convincing evidence that the healthcare provider acted with deliberate and flagrant disregard for the safety of others or committed intentional misconduct.
Examples might include altering patient records, knowingly performing procedures that were not medically necessary, or concealing errors. Punitive damages can be powerful tools for accountability, but they’re subject to strict procedural requirements and are only awarded in extreme cases.
Special Considerations in Wrongful Death Medical Malpractice Cases
When a patient dies as a result of medical negligence, the surviving family members may bring a wrongful death claim under Missouri law. These claims seek compensation for both economic and non-economic losses suffered by the decedent’s estate and the surviving loved ones.
Common elements of damages in wrongful death cases include funeral and burial expenses, medical costs incurred before death, and the loss of financial support the deceased would have provided. Non-economic losses may include loss of guidance, companionship, counsel, training, and comfort.
Wrongful death claims related to medical malpractice are also subject to the statutory cap on non-economic damages, although they may qualify for the higher cap depending on the severity and nature of the injury that led to death.
Proving Damages
To succeed in a medical malpractice claim in Missouri, the plaintiff must demonstrate not only that a healthcare provider was negligent but that the negligence directly caused specific harm that resulted in damages.
This often requires a combination of medical and financial documentation, professional witness testimony, and personal accounts. Common forms of evidence include:
Detailed medical records and diagnostic reports
Specialist opinions from medical professionals
Employment records, pay stubs, and tax returns
Psychological evaluations and therapy records
Testimony from the injured party, family members, or caregivers
Each case is unique, and the scope of evidence required can vary depending on the nature of the injury and the extent of the damages being claimed.
Comparative Fault and Damage Reduction
Missouri follows a pure comparative fault system. This means that a plaintiff can still recover damages even if they’re partially responsible for their injury. However, the total amount of damages will be reduced in proportion to their percentage of fault.
Comparative fault often becomes a significant issue in medical malpractice cases, especially if the defendant claims that the patient ignored medical advice, delayed treatment, or failed to follow post-operative instructions.
Collateral Source Rule and Its Impact
Missouri law limits the traditional application of the collateral source rule in medical malpractice cases. Under state statutes, the amount a plaintiff may recover for medical expenses is generally limited to the actual amount paid for treatment, rather than the amount originally billed.
This means that if an insurance provider negotiated a lower payment to the medical provider, the plaintiff may only claim that reduced amount as economic damages. This rule is intended to prevent duplicative recovery, but it can affect the size of damage awards and requires careful consideration when preparing a claim.
Pre-Judgment and Post-Judgment Interest
Missouri allows for the recovery of both pre-judgment and post-judgment interest on damage awards under certain conditions.
Pre-judgment interest may be awarded if a written settlement demand was made at least sixty days before trial and the jury’s award exceeds the amount of the demand. This compensates the plaintiff for the delay in receiving justice when the defendant could have settled earlier.
Post-judgment interest accrues from the date of the final judgment until the amount is paid in full. It assures that defendants do not benefit financially from delaying payment after a verdict has been entered.
Structured Settlements and Periodic Payments
In high-value medical malpractice cases, damages may be paid over time rather than in a lump sum. Missouri law permits structured settlements or periodic payments when the total damages exceed a certain threshold and one of the parties requests this form of payment.
These arrangements are especially useful when the injured party is a minor, has a permanent disability, or requires ongoing medical care. Structured settlements can provide a reliable stream of income and protect recipients from poor financial decisions or predatory financial practices.
Any structured settlement must be approved by the court, which will evaluate whether the arrangement serves the best interests of the injured party.
Contact Us Today
At The Tourigny Law Firm LLC, we’re dedicated to helping individuals manage these challenges with a focused, compassionate, and strategic approach. We serve clients in Kansas City, Missouri. If you or a loved one has been affected by medical negligence, contact us today to schedule a consultation and learn how we can help you move forward.
