Like every other state, the state of Missouri contains medical malpractice statute of limitations that can prevent patient recovery of damages, if claims are not filed within a sufficient period. It should be noted that Missouri’s statute of limitations for medical malpractice cases will widely vary from other states, and based on this information, a patient must make legal decisions in light of the applicable statute of limitations period in the state where an alleged incident involving negligence occurred. Failure to file claims within the prescribed statute of limitations period will severely curtail a patient’s ability to recover damages. However, specific to the state of Missouri, patients are now being afforded more exemptions to the statute of limitations period, specifically in cases involving delayed discovery, which the laws do not adequately address. In certain cases involving delayed discovery of medical negligence not involving a foreign body, patients have made successful legal claims past the statute of limitations period, but this requires a jury decision allowing the patient to do so.
Statute of Limitations for Medical Negligence Torts in Missouri
- Per Missouri Revised Statutes Section 516.105, legal action for any medical negligence cause of action must be started no later than two (2) years after the date of the incident where negligence is alleged to have occurred.
- If a medical negligence claim involves a cause of action involving a foreign object left in the body of a patient, the patient has two (2) years from the date of discovery to file a viable claim, but cannot file a viable claim more than ten (10) years after the date of the alleged incident.
- Minors are afforded variable levels of protection from statute of limitations periods, specifically minors under the age of eight (8) can file viable malpractice claims up until the age of twenty (20) for negligent incidents occurring before the age of eight (8) in certain cases.
- The state of Missouri adheres to a slightly altered statute of limitations period for medical negligence claims involving death. The current statute of limitations period applicable to an action for wrongful death based on medical negligence claims is set at three (3) years from the date of the negligent incident, per Missouri Revised States Section 537.100.
Getting Legal Help with Missouri Medical Malpractice Claims
It is important for patients specifically in the state of Missouri to note that the statute of limitations period in medical malpractice cases may not be binding in certain instances. The courts have ruled in previous cases that a patient may recover damages based on the reasonable date of discovery, rather than the date of the alleged negligent act. Consult with a lawyer to learn more about your legal rights and whether your case falls within the applicable statute of limitations period.
