If you or a loved one has been the victim of medical negligence, you may feel overwhelmed by the physical, emotional, and financial burdens.  A medical malpractice lawsuit may be the only way to secure the financial relief that you need to cover the expenses, make up for lost income, and compensate you for your physical and emotional suffering. 

By pursuing a medical malpractice claim, you may receive compensation for both economic and non-economic losses, and in some cases, even punitive damages. An experienced personal injury attorney can help assess the full extent of damages you may be entitled to recover, collect and present evidence demonstrating negligence, consult medical experts to strengthen your claim, and advocate for maximum compensation.

Here is a breakdown of the types of damages you may be entitled to recover in a medical malpractice case in Missouri.

1. Economic Damages

Economic damages are those that are intended to compensate for the past and future direct financial losses due to the medical error. Items of economic damages in a medical malpractice case can include:

Medical Expenses: These include such expenses as surgery, diagnostic tests, hospitalization, physical therapy, medication, in-home health care, and any other treatment ordered or provided because of your injury. If your injury is permanent and may require future care, you can also recover damages to cover your expected future medical expenses.

Lost Wages and Earning Capacity: If your injury has kept you from working, you may have a claim for recovery of lost wages. In addition, if the injury is going to affect limit your ability to continue working, damages for diminished earning capacity can also be awarded.

Other Out-of-Pocket Expenses: This can include the costs of travel back and forth to doctor's appointments, home modifications required due to disability, and any other hard expenses stemming from the injury.

2. Non-Economic Damages

Non-economic damages are to compensate for pain, suffering, and reduced quality of life occurring as a result of the malpractice. There is no price tag on these types of damages, and your attorney will argue to the jury for an amount that is fair. 

Types of non-economic damages in a medical malpractice case can include:

Pain and Suffering: These are damages for the physical pain resulting from an injury as well as the mental and emotional consequences of living with that pain.

Loss of Capacity to Enjoy Life: If the injury has impacted your ability to participate in your hobbies, leisure activities, travel, or other pleasures in life, you may be eligible for damages for diminished quality of life.

Physical Impairment: Where your injury limits your physical functioning, such as your ability to walk, run, swim, dance, or work, then you could be compensated for that loss.

Disfigurement: These damages are to compensate you for scarring, loss of a limb, or other physical changes to your body. 

3. Punitive Damages

In some cases, punitive damages may be awarded. These are intended to punish the at-fault party for particularly reckless or egregious behavior and to deter similar actions in the future. However, punitive damages in medical malpractice cases are rare, as they require proof that the medical provider acted with the intent to injure the patient or otherwise acted maliciously.

Missouri's Damage Caps in Medical Malpractice Cases

The Missouri legislature has passed laws capping the amount of non-economic damages that can be awarded by a jury in any single case.  This means there is a maximum amount you can recover for pain, suffering, and other non-economic losses no matter how severe your injury is.  In 2025 those caps are $828,529 for injuries that are catastrophic, and $473,445 for all other injuries.   These caps are adjusted annually to account for inflation. If you feel that you or your loved one has been a victim of medical error, it's important to consult with an experienced medical malpractice attorney in St. Louis to understand how to maximize your recovery in the face of these stringent caps.

The Importance of Having an Experienced Medical Malpractice Attorney

Medical malpractice cases can be complex, requiring thorough investigation, expert testimony, and a clear understanding of both the medical malpractice law and the relevant medicine. An experienced medical malpractice lawyer can help:

- Assess the full extent of damages you may be entitled to recover.
- Collect and present evidence demonstrating negligence.
- Consult medical experts to strengthen your claim.
- Advocate for maximum compensation.

The four elements of medical malpractice are:

A medical malpractice attorney will help you prove the four elements of medical malpractice to establish a case:

- Duty of care: The medical professional has a duty to adhere to the medical community's accepted standards of care.
- Breach of duty: The medical professional failed to uphold their duty of care.
- Causation: The medical professional's breach of duty caused injury to the patient.
- Damages: The patient suffered damages as a result of the injury.

Conclusion

Recovering damages in a St. Louis medical malpractice case can help alleviate the financial and emotional toll of a medical provider's negligence. By pursuing a medical malpractice claim, you may receive compensation for both economic and non-economic losses, and in some cases, even punitive damages. However, understanding and navigating the legal process can be challenging, so working with an experienced attorney can make all the difference in achieving a fair and just outcome. 

If you believe you have a medical malpractice case, don't hesitate to reach out for a free consultation and take the first step toward rebuilding your life.