A statute of limitations is a law that establishes a specific time period during which a person must file a lawsuit after suffering injury or harm.
In other words, it’s a deadline. If you miss the deadline, you may be barred from filing a lawsuit.
The length of time a statute of limitations law allows for the filing of a lawsuit varies depending on where (in which State) and how a party was injured.
Missouri’s Statute of Limitations for Medical Malpractice Claims
In Missouri, after suffering injury or harm as a result of a healthcare provider’s actions, an injured patient may file a lawsuit for medical negligence, provided such lawsuit is filed within the applicable statute of limitations.
Claims for medical malpractice are subject to Missouri Revised Statutes section 516.105, which specifies that a malpractice action against a health care provider must generally be brought within two years of the act complained of.
While the 2-year statute of limitations is generally considered a strict deadline for the filing of a lawsuit, Missouri law provides for a limited number of exceptions to the medical malpractice statute of limitations that may extend the time for the filing of a lawsuit.
These exceptions are briefly described below.
Despite several exceptions to Missouri’s medical malpractice statute of limitations that may extend the time to file a lawsuit under very specific circumstances, Missouri law bars patients from filing a medical malpractice claim if more than ten years have passed.
Called the “statute of repose,” this deadline bars injury victims from seeking relief regardless of the medical mistake a healthcare provider makes or when the victim discovers the injury.
All this is to say that you should act quickly on any suspected medical malpractice claim.
In addition to possibly running out of time to file, the longer you wait, the harder it is to gather evidence to support your claim.
Common Exceptions to Missouri’s Statute of Limitations for Medical Malpractice Claims
There are several exceptions to the 2-year statute of limitations for medical malpractice claims in Missouri.
Common exceptions are:
- Medical malpractice involving minors—children under the age of 18 when the malpractice occurred have until their twentieth birthday to bring a malpractice claim, regardless of when the injury occurs or is discovered.
- Medical malpractice that results in a “foreign object” being left in a person’s body – typically the 2-year statute of limitations begins on the date of discovery of the mistake or from the date the patient should have discovered the mistake.
- Medical malpractice concerning the failure to inform a patient of their test results – typically the 2-year statute of limitations begins on the date of discovery of the failure to inform the patient of their test results or from the date the patient should have discovered the failure.
- Medical malpractice that results in death—the Missouri statute of limitations for wrongful death allows advocates three years from a patient’s death to file a medical malpractice claim.
Upon evaluating your case and investigating your injury and losses, a skilled medical malpractice attorney can help you decide whether you meet any of Missouri’s exceptions.
Dempsey Kingsland & Osteen Can Help You
If you or a loved one believe you have a medical malpractice claim, it’s important to consult with a medical malpractice attorney as soon as you suspect that any wrongdoing has occurred.
If you exceed the statute of limitations for medical malpractice in Missouri you can no longer file your claim so act now.
As Kansas City’s leading medical malpractice firm with over 100 years of combined experience, our skilled attorney advocates have handled numerous medical malpractice cases.
We will fight for your rights every step of the way.
Our legal advocates care deeply about you and will demand the medical malpractice compensation you deserve.
Call us at (816) 484-3776 for a free consultation.