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What Is the Statute of Limitations for Medical Malpractice in Missouri?

May 15, 2022 | Medical Malpractice

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 to due 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.

How Long Do You Have to Submit a Medical Malpractice Claim in Missouri?

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 “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

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,

then a claim must be filed within two years of the date the mistake was discovered. However, Missouri also has a statute of repose that states no medical malpractice case can be filed after 10 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 a personal injury lawyer who can perform a complete investigation of your case and advocate 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.

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. ou may fill out a contact form or call our office at (913) 451-3433 to set up your attorney consultation today.