House Bill 393
In 2005, House Bill 393 was signed and approved to designate tort reform for the
state of Missouri. The bill made several changes to the medical malpractice insurance
market in the state. It capped punitive damages and revised the cap placed on non-economic
damages. The limit on punitive damages is set as the greater of $500,000 or five
times the full amount to be paid to the claimant. Non-economic damages have been
lowered the inflation-adjusted cap of $570,000 to $350,000.
Missouri’s tort reform also places certain stipulations for defendants to have joint
and several liability. Joint and several liability only applies to defendants who
are 51% or more at fault. Any defendant found less than 51% at fault is not liable.
Defendants found to have joint and several liability are responsible for proportionate
damages bases on their liability. In addition, joint and several liability is not
taken into account for punitive damages.
House Bill 393 has affected the rule regarding the venue. In order to protect the
physician from an unfair trial that is typically in the claimant’s favor, the location
of the trial must be where the individual resided in when the injury first occurred.
Chapter 383 RsMO
The Missouri medical malpractice insurance market has remained stagnant for the
past decade. However, Chapter 383 of the Missouri Revisited Statutes has made a
distinct change in the market, allowing new competition to arise. This new competition,
known as a mutual insurance company, is a nonprofit that provides malpractice insurance
Chapter 383 of the Missouri Revised Statutes covers a series of topics including:
- The Healthcare Stabilization Fund Feasibility Board
- The annual publication of market rates
- Reporting medical malpractice claims
- Missouri Professionals Mutual (MPM)
- ProAssurance Company, Inc.
- Medical Protective Company
- Intermed Insurance Company
- The Doctors Company
- Medicus Insurance Company
- Medical Liability Alliance (MLA)
Missouri Medical Malpractice Insurance Rates - Top 15 Specialties
Undiscounted State Filed Rate Data averages across all territories for $1m / $3m limits
* Please note that the above rates are state filed rates. It is not
uncommon for Gallagher Healthcare clients to receive up to 50% or more in discounts
from state filed rates. Please Request a Quote to receive a custom premium indication.
|Specialty||Average Rate||Min Rate||Max Rate||Count
|Internal Medicine No Surgery||$13,425||$4,997||$24,266||2464
|Family Practice No Surgery||$12,379||$4,997||$24,266||2367
|Pediatrics No Surgery||$12,309||$7,309||$24,266||1353
|Radiology - Diagnostic||$17,299||$9,217||$30,333||910
|Obstetrics and Gynecology Major Surgery||$67,181||$31,781||$121,330||809
|Orthopedic Surgery No Spine||$38,874||$16,061||$60,665||590
|Cardiovascular Disease Minor Surgery||$18,991||$12,077||$33,972||475
|Ophthalmology No Surgery||$10,298||$4,450||$19,413||430
|Neurology No Surgery||$17,810||$10,806||$30,333||359
|Pathology No Surgery||$11,861||$6,356||$19,413||350
Rate Range by Specialty
This chart compares the range of possible state filed medical malpractice premium rates by admitted markets and a few Gallagher Select markets broken out by the top 15 specialties in Missouri.
USA Ranking Map
The map below provides a visual display of the nation and compares what a typical primary care physician might pay compared to each individual state and county. This research is based on the average rate for a single specialty, the most common limits in that state, and the mature claims made premium. The darker the blue, the higher the average premium, see how Missouri compares to other states.