Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to a patient. In Missouri, as in many states, there are specific time limits—known as statutes of limitations—that dictate how long an individual has to file a lawsuit after experiencing medical negligence.
Understanding these timeframes is crucial for anyone considering legal action in such cases. At SJP Law Firm, LLC in Kansas City, Missouri, we’re here to advocate for you during your medical malpractice claims. Here, we’ll discuss the statute of limitations for medical malpractice claims in Missouri.
Under Missouri Revised Statutes § 516.105, the general statute of limitations for medical malpractice claims is two years from the date the alleged negligent act occurred. This means that if a patient believes they have been harmed due to a healthcare provider's negligence, they typically have two years from the date of the incident to file a lawsuit.
In addition to the statute of limitations, Missouri law imposes a statute of repose, which sets an absolute deadline for filing medical malpractice lawsuits. According to § 516.105, no action for damages for malpractice can be commenced after ten years from the date of the alleged negligent act.
This means that even if a patient discovers the malpractice after the two-year statute of limitations has expired, they can’t file a lawsuit if more than ten years have passed since the incident.
While the two-year statute of limitations applies in most cases, Missouri law recognizes certain exceptions where the time limit may be extended:
Foreign objects left in the body: If a healthcare provider negligently leaves a foreign object inside a patient's body during surgery—such as a sponge, surgical instrument, or other item not intended to remain in the body—the statute of limitations doesn’t begin until the patient discovers or reasonably should have discovered the foreign object.
Failure to inform of medical test results: If a healthcare provider negligently fails to inform a patient of the results of medical tests, such as a diagnosis of cancer or another serious condition, the statute of limitations begins when the patient discovers or reasonably should have discovered the failure to inform.
Minors as plaintiffs: For individuals under the age of 18 at the time of the alleged medical malpractice, the statute of limitations is extended. They have until their 20th birthday to file a lawsuit. This extension recognizes that minors may not have the legal capacity to pursue a claim on their own behalf and makes sure they have adequate time to seek justice.
While Missouri generally imposes a two-year statute of limitations for medical malpractice claims, it’s crucial to understand the exceptions and doctrines that may extend this timeframe. Seeking legal counsel promptly is essential to working through these intricacies and preserving the right to pursue a claim.
In Missouri, the statute of limitations for medical malpractice claims, generally set at two years from the date of the alleged negligence, can be subject to a legal principle known as the "continuing treatment" doctrine. This doctrine provides an exception that can effectively pause or "toll" the running of this statutory period under specific circumstances.
According to this legal principle, if a patient maintains an ongoing therapeutic relationship with the same healthcare provider for the same medical condition that is the basis of the malpractice claim, the statute of limitations doesn’t commence until the continuous course of treatment for that particular condition concludes.
The rationale behind this doctrine is to avoid forcing a patient to file a lawsuit prematurely while still undergoing treatment from the potentially negligent healthcare provider.
It acknowledges the importance of the patient-physician relationship and aims to prevent a situation where a patient might hesitate to seek necessary ongoing care for fear of losing their right to pursue a legal claim.
However, it’s crucial to understand the specific parameters and limitations of the continuing treatment doctrine as applied by Missouri courts, as its interpretation and application can be highly fact-dependent.
Courts will typically examine the nature and continuity of the treatment to determine if the doctrine applies, focusing on whether the subsequent care was for the same condition that gave rise to the alleged negligence. The ending date of this continuous treatment period then becomes the point from which the statute of limitations begins to run.
Before filing a medical malpractice lawsuit in Missouri, the plaintiff must obtain an affidavit of merit. This affidavit must be signed by a qualified healthcare provider practicing in the same specialty as the defendant.
The affidavit must state that the healthcare provider has reviewed the case and believes that the defendant's actions deviated from the accepted standard of care and caused harm to the patient. This requirement aims to make sure that only cases with a reasonable basis proceed to litigation.
In instances where medical negligence leads to a patient's demise, the legal structure provides recourse through wrongful death claims. The designated timeframe for initiating such a lawsuit is generally set at three years, commencing from the date of the individual's passing.
This statute of limitations specifically empowers the bereaved family members of the deceased to pursue legal action and seek financial redress for the profound losses they have endured, which can encompass a wide range of damages, including loss of companionship, emotional distress, and financial support the deceased would have provided.
It’s crucial to understand that a wrongful death claim arising from medical malpractice is legally distinct from the original medical malpractice claim the deceased might have had if they had survived.
Consequently, this wrongful death action operates under its own independent statute of limitations, meaning the time window for filing this specific type of claim is calculated separately from any potential timeline associated with a personal injury medical malpractice claim the deceased could have pursued.
Therefore, even if the statute of limitations had expired for a standard medical malpractice claim, had the patient lived, the family still had the designated three-year period from the date of death to file a wrongful death lawsuit.
Working through the intricacies of these distinct legal claims and their respective timelines necessitates careful attention to detail and often requires consultation with legal professionals experienced in both medical malpractice and wrongful death litigation to make sure all available legal avenues are explored and pursued within the prescribed timeframes.
Given the strict time limits imposed by Missouri law, it's crucial for individuals who believe they have been victims of medical malpractice to act promptly. Delays in seeking legal counsel or filing a lawsuit can result in the loss of the right to pursue a claim.
Consulting with an experienced medical malpractice attorney as soon as possible can help make sure that all legal requirements are met and that the patient's rights are protected.
Understanding the statute of limitations for medical malpractice claims in Missouri is essential for anyone considering legal action. While the general rule is a two-year period from the date of the alleged negligence, various exceptions and doctrines can affect this timeline.
It's vital to be aware of these nuances and to seek legal advice promptly to make sure that one's rights are preserved. At SJP Law Firm, LLC, we serve clients in Springfield, Missouri and the Kansas City Metropolitan Area, Kansas, and we’re ready to help you after facing medical malpractice. Contact us today for a consultation.
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to a patient. In Missouri, as in many states, there are specific time limits—known as statutes of limitations—that dictate how long an individual has to file a lawsuit after experiencing medical negligence.
When you or a loved one suffers from medical malpractice, it can be a life-altering experience. You trust healthcare professionals to provide care, and when something goes wrong, it can leave you feeling overwhelmed and uncertain.
