If you plan to bring a medical negligence lawsuit in Kansas City, you must understand the Missouri statute of limitations for medical malpractice and the Kansas statute of limitation for medical malpractice.
In general, in both states, you likely have two years from the injury date to bring a lawsuit. However, like other types of personal injury claims, certain situations could alter the legal deadline.
For example, in Missouri, you sometimes have as long as three years for a medical malpractice case that causes death. However, sometimes, even that deadline can only be two years in the case involves what is known as a ‘loss-of-chance’ to avoid death.
It’s important to speak with a legal advocate to confirm the proper filing date for your case. At Dempsey Kingsland & Osteen, we have decades of experience handling medical malpractice cases.
Our skilled legal team knows how to accurately calculate the statute of limitations in Kansas City malpractice cases.
Missouri Statute of Limitations for Medical Malpractice
The standard MO medical malpractice statute of limitations is two years from the injury date. That means two years from the date of the malpractice. Unfortunately, medical malpractice claims are complicated because you might not know the harm that happened at the time.
For example, a surgeon left a surgical instrument inside you. You might not find out for weeks or months until you undergo diagnostic tests for sickness or pain.
Sometimes, it may be a year or two before you discover anything is wrong, which means the statute of limitations would’ve passed. Fortunately, there are some exceptions to the two-year rule.
Kansas Medical Malpractice Statute of Limitations Exceptions
In Kansas, the “date of discovery” applies in some medical malpractice cases. his term means you have two years from the date you discovered the malpractice or reasonably should have discovered it. For example, you had surgery on April 1, 2019, but you didn’t have an x-ray until May 1, 2022. That means you would likely have until May 1, 2024, to file a lawsuit.
However, in Missouri, the date of discovery typically does NOT toll the statute of limitation unless the wrongdoing involves foreign objects inside the body or failing to report test results.
Another exception involves minors, which refers to anyone under 18 years old. If medical malpractice involves a child, in Missouri, they have until their 20th birthday to bring a claim. In Kansas, only until age 19.
Statute of Repose
Missouri and Kansas also have something called the statute of repose. In Missouri, that means you can bring a medical malpractice claim up to ten years after the medical mistake.
So, if you discover a surgical instrument 11 years after the surgery, you would likely be barred from recovery. In Kansas, the statute of repose in only four years! This limits the ability to file any lawsuit for anything that happened more than four years ago.
What Happens If You Miss the Statute of Limitations?
If you inadvertently miss the statute of limitations for medical malpractice in Missouri and in Kansas, you might be ineligible to recover any money.
It doesn’t matter how strong your evidence is or how devastating the malpractice is in your life. The courts do not typically forgive missed deadlines and will most likely dismiss your case.
That’s why speaking with an experienced Missouri and Kansas medical malpractice lawyer is essential. The earlier you contact a lawyer, the sooner we can start advocating for you. Trying to figure out the correct filing deadline on your own could jeopardize your right to compensation.
Contact a Kansas City Medical Malpractice Lawyer
If you need a legal advocate, we stand ready to help. We know how to calculate the appropriate statute of limitations for medical malpractice cases in Missouri. Contact our office today to schedule a consultation.