As patients, we place an extreme amount of trust in the hands of medical professionals. Unfortunately, there are times when they fail to live up to our expectations. In fact, the American Medical Association (AMA) Journal has reported that over 1 in 3 physicians has been sued by the age of 55 for a preventable medical error.
If you or someone you care about has been injured due to carelessness by a medical professional in Missouri, you could be eligible to recover compensation for your damages. At Goza & Honnold, our personal injury lawyers have the experience and resources to thoroughly investigate your medical malpractice claim, represent your interests during negotiations, and construct a persuasive case for the courtroom.
A single, careless mistake by a medical professional can lead to lifelong disability or, in some cases, a fatality. Medical malpractice claims are notoriously complex cases that often have high stakes and require the skills of a seasoned medical malpractice attorney.
Most states have a law restricting the amount of time you have to file a personal injury claim, known as a “malpractice statute of limitations.” In Missouri, the statute of limitations for medical malpractice claims is outlined in Missouri Revised Statutes Section 516.105 and is just two years from the date on which the medical error occurred.
Exceptions to the Two-Year Statute of Limitations in Missouri’s Medical Malpractice Statute
The law also specifies that if the malpractice case developed from a healthcare professional who:
- introduces or negligently permits any foreign object to remain within a living person’s body, such as leaving a surgical instrument or gauze inside a patient or
- negligently fails to inform a patient of the results of their medical tests, and there is alleged negligence, it can impact the statute of limitations by extending the time frame within which a claim must be filed.
Then, a claim must be filed within two years of the date the mistake was discovered. However, the Missouri medical malpractice statute also has a statute of repose that states no medical malpractice case can be filed after ten years have passed since the alleged incident occurred, regardless of the type of mistake or date it was discovered.
In Missouri, a separate filing deadline also exists for claims brought by or on behalf of a person who was under the age of 18 when the medical error occurred. Under state law, these claims must be filed by the time the plaintiff reaches 20 years of age.
Should you attempt to file a medical malpractice claim past the applicable deadline, the court will likely dismiss your case, rendering you ineligible to recover any compensation for the damages you have incurred.
How Can a Missouri Personal Injury Attorney Help With Your Medical Malpractice Claim?
To recover the compensation you deserve, you should partner with medical malpractice attorneys who can perform a complete investigation of your case and navigate the complexities of medical malpractice cases, advocating for you and your family. Winning a fair settlement or award for medical malpractice typically involves combing through medical records, deposing witnesses on both sides and seeking the opinions of qualified experts. Acting quickly is crucial in medical malpractice cases to meet the statute of limitations requirements and avoid losing the opportunity to file a claim.
At Goza & Honnold, our personal injury lawyers will work diligently to examine the facts and uncover the true impact of your case. We have decades of experience helping clients recover fair resolutions in varying negligence cases.
If you or someone you love has suffered an injury in Missouri due to medical malpractice, call us today to schedule a free consultation. You may fill out a contact form or call our office at (913) 451-3433 to set up your attorney consultation today with experienced Missouri medical malpractice lawyers who can help you seek fair compensation.
FAQ about Missouri Medical Malpractice Statute of Limitations
What is the Missouri medical malpractice statute of limitations, and how does it affect filing a claim?
The Missouri medical malpractice statute of limitations generally requires injured patients to file a claim within two years of when the malpractice occurred. Certain exceptions exist, such as for cases involving minors or undiscovered injuries. For instance, if a healthcare provider leaves a foreign object in a patient’s body, the two-year limit may begin from the date of discovery. Missouri law also includes a statute of repose, limiting all claims to ten years after the malpractice occurred, regardless of discovery.
Can I file a medical malpractice lawsuit for a wrongful death caused by a healthcare provider in Missouri?
Yes, Missouri law allows families to file a medical malpractice lawsuit if a wrongful death results from a healthcare provider’s negligence. These cases require demonstrating that malpractice occurred and led to the fatality. Specific deadlines and rules apply, so consulting with a qualified Kansas City wrongful death attorney can help you understand the process.
What steps should I take if I suspect medical malpractice occurred?
If you suspect medical malpractice occurred, promptly gather medical records, document any communications with the healthcare provider, and consult with an attorney familiar with Missouri law. Acting quickly is critical due to the Missouri medical malpractice statute of limitations, ensuring you do not lose the right to file a claim.
What are the most common grounds for filing a medical malpractice lawsuit in Missouri?
Common grounds include misdiagnosis, surgical errors, failure to inform patients of test results, and medication mistakes. In Missouri, these cases often require proving that the healthcare provider’s actions deviated from accepted medical standards and caused harm to the injured patient.
How does Missouri law address cases involving minors in medical malpractice claims?
Under Missouri law, if the malpractice occurred while the patient was under 18, the statute of limitations allows filing until the patient turns 20. This exception gives minors and their families additional time to address claims. However, the ten-year statute of repose still applies, so it’s vital to act within that timeframe.