Missouri Medical Malpractice Statute of Limitations

Missouri has established legal statutes allowing medical malpractice victims to file a lawsuit for recovery of damages against a health services provider that causes an injury either by an error in diagnosis, improper treatment, lack of treatment, or delay in treatment.  The measure of what is appropriate medical behavior is compared to the accepted standard in the medical community.  However, there can be no medical malpractice suit if the victim did not suffer injury as a result of the negligence.  While every state has laws regulating medical malpractice suits, all states have time limits, or statute of limitations laws determining when such a claim can be filed.  Those statutes vary by state, but Missouri’s statute of limitations for medical malpractice is generally 2 years.

Time Limits for Filing a Claim

Missouri has enacted a number of specific laws governing statutes of limitation in regards to medical malpractice litigation.  The law states that, generally, lawsuits concerning medical malpractice must take place within 2 years of the act causing the malpractice injury, or within 2 years of the discovery of the malpractice injury.  However, a suit cannot be filed if more than 10 years has passed since the date of that negligent act.  This applies to malpractice injuries due to the placement of a foreign object into the plaintiff’s body, or failure to inform the patient of that error, as well.  If the negligence resulted in wrongful death, the estate must file a malpractice claim within 3 years of the date of death.  When a minor under 8 years of age suffers a medical malpractice injury, a claim must be filed no later than their 20^th birthday.

Negligence Laws

There are a number of specific limitations within Missouri negligence statutes governing medical malpractice lawsuits, including the requirement for the court to honor a request by either party for periodic damage payments in awards over $100,000.  The court also requires that the plaintiff file an affidavit of expert consultation in the first 90 days after filing the malpractice suit.  In addition, if the defendant is more than 51% at fault, their liability is considered “several” by the court.  Finally, physicians who are charged with negligence while offering their services at a free health care clinic cannot be charged with malpractice unless the negligence is willful, nor can a physician’s expressions of sympathy be considered admission of guilt or entered into court proceedings.  Any additional negligence laws in relation to Missouri’s medical malpractice statutes can be found in the following table:

Award Limits in Missouri

Missouri has set a cap on non-economic damages to $350,000.  They have also established a limit for punitive damages.  That limit should equal $500,000 or 5 times the net amount of the total judgment, whichever is greater.

Legal Help

The complexity of medical malpractice statutes in Missouri is evident, making it more important there than in some other states for plaintiffs to enlist the aid of a legal professional to guide them through this extensive and time-consuming legal process.  Some infractions can even cause an immediate dismissal of the suit, making all the preparation and investment null and void.  With the help of a skilled attorney, even the decision to file a medical malpractice lawsuit can be considered thoughtfully and knowledgeably, as can the preparation and execution of the case, making the chances of success more likely.