If you’ve suffered serious harm because of a medical mistake, you may feel certain you have a strong malpractice case. Yet when you start calling law firms in Missouri, you might hear “no” again and again—or never get a call back. That can be frustrating and discouraging. But it doesn’t always mean your case isn’t valid.
Medical malpractice is one of the most difficult areas of law, especially in Missouri. Here are the main reasons you may struggle to find a lawyer, and what you can do about it.
Medical malpractice lawsuits are expensive to pursue. In Missouri, attorneys must hire medical experts to review records, prepare reports, and testify at trial. Depositions, court costs, and expert fees can easily exceed $100,000 before trial even begins.
Law firms take these cases on a contingency basis, meaning they invest those costs up front. If the potential recovery is too small, the economics may not make sense—even if malpractice occurred.
Missouri has one of the shortest statutes of limitations in the country for malpractice cases. Generally, you must file within two years of the alleged negligence, with only limited exceptions. Missing the deadline usually means your claim is lost forever.
On top of that, Missouri requires a “health care affidavit” within 90 days of filing suit, signed by a qualified medical expert stating that malpractice occurred. If this requirement isn’t met, the case can be dismissed. These hurdles can deter attorneys from taking borderline cases.
It’s not enough to prove a doctor or hospital made a mistake. You must prove that the error directly caused your injury. Because many patients already have serious underlying conditions, defense lawyers often argue that the outcome would have been the same even without the mistake. If causation is unclear, attorneys may be reluctant to invest the significant resources required.
Even if a jury awards a large verdict, Missouri law caps non-economic damages (pain, suffering, disability, loss of enjoyment of life). As of 2025, those caps are:
$457,749 for “non-catastrophic” injuries
$801,061 for “catastrophic” injuries (such as paralysis, loss of vision, or brain damage)
These caps increase slightly each year for inflation, but they still significantly limit recovery. This makes it harder for attorneys to justify taking on lower-value malpractice claims.
Most malpractice firms in Missouri receive far more inquiries than they can handle. They have to choose cases with clear liability, significant damages, and a strong chance of success in front of a jury. Saying “no” doesn’t necessarily mean you don’t have a case—it may mean the economics or risks don’t work for that firm.
Not every personal injury lawyer in Missouri handles medical malpractice. Some firms focus exclusively on car accidents or workers’ compensation. Be sure to contact attorneys who specifically advertise malpractice experience.
Gather your records. Having your medical records ready makes it easier for an attorney to evaluate your case.
Be realistic about expectations. Malpractice cases are complex, expensive, and the law in Missouri favors hospitals and doctors.
Keep calling. Just because one firm says “no” doesn’t mean another won’t say “yes.”
Ask about other claims. Sometimes a case may be stronger as wrongful death, nursing home negligence, or product liability rather than traditional malpractice.
If you’re struggling to find a lawyer for your Missouri medical malpractice case, it doesn’t necessarily mean your concerns aren’t valid. The challenges often have more to do with the complexity, cost, and limits imposed by Missouri law than with you or your injury.
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