Medical malpractice claims must be filed within a legally defined timeframe, which is referred to as the statute of limitations. The time limit for filing a medical negligence lawsuit in Missouri may vary based on the facts and circumstances of the particular situation.
If you believe you have been impacted by malpractice in the Kansas City area, it’s essential for you to be aware of the applicable statute of limitations so you can act before time runs out. This is critical for protecting your legal rights because missing the filing deadline for a medical negligence claim can eliminate your right to seek compensation.
Below, the Kansas City medical malpractice lawyers from Fowler Pickert Eisenmenger Norfleet explain the statute of limitations for medical malpractice claims in Missouri.
Missouri Medical Malpractice Statute of Limitations
Determining exactly when the clock starts running on a malpractice claim can be complicated and depends on the specific circumstances. Working with an experienced medical malpractice attorney can help you understand how the statute of limitations applies to your situation and prepare you to file your case within the appropriate timeframe.
In Missouri, most medical malpractice lawsuits must generally be filed within two years of when the negligent act occurred. This time limit is established by Missouri Revised Statute Section 516.105 and serves as the standard deadline for most cases in Kansas City and throughout the state.
Exceptions to Missouri’s General Statute of Limitations
While this two-year statute of limitations serves as the general rule, a few exceptions, which are narrowly interpreted by Missouri courts, could possibly extend the filing deadline in certain circumstances. Working with a knowledgeable medical malpractice lawyer is essential to determine whether any exceptions may apply to your case.
Time Limit Based on When an Injury Was Discovered
Because some patients don't discover the connection between their injury and a healthcare provider's mistake until months or even years later, Missouri law allows for limited exceptions to this general statute of limitations.
For an injury that was not reasonably discoverable within the standard two-year period, you may have up to two years from the date you discovered or reasonably should have discovered the injury to file a claim. For example:
-
Foreign objects left inside the body represent one common exception. If a surgeon leaves a sponge, clamp, or other instrument inside you during surgery, Missouri law gives you two years from the time the object was discovered to file a lawsuit.
-
Another exception applies to cases involving fraud or intentional concealment. If a healthcare provider deliberately hides their mistake or misrepresents what happened, the two-year clock may not start running until you discover the fraud.
Even so, Missouri law generally imposes an absolute deadline of ten years from the date the negligent act took place, regardless of when the injury was discovered.
Longer Deadline for Malpractice Claims Involving a Minor
Missouri law provides extended protection for minors under the age of 18. If a victim of malpractice was under 18 when the medical error occurred, they generally have until they turn 20 years of age to file a lawsuit. This gives injured minors two years after reaching adulthood to make a decision about filing a claim.
Why It’s Important to Contact a Lawyer Right Away
Timing is critical with medical malpractice claims. Given the complexity of Missouri's medical malpractice laws and the various exceptions that might apply, an experienced medical malpractice lawyer can help you accurately determine which statute of limitations applies to your specific situation and work with you to ensure your claim is filed within the required timeframe.
It takes considerable time to build a successful medical malpractice case, and starting the process as early as possible gives your legal team the best chance to build a compelling case. If you contact a lawyer promptly, they can help ensure that crucial evidence for your case is properly documented and preserved. For example, medical records must be gathered and analyzed, expert witnesses must be consulted, and a clear timeline of events must be established.
Waiting too long to speak with a Kansas City medical malpractice attorney could permanently bar your right to compensation, regardless of how strong your case is. Acting promptly to secure legal counsel can help preserve your legal rights and put you on the path toward holding negligent healthcare providers accountable and seeking the financial resources you need for recovery. At Fowler Pickert Eisenmenger Norfleet, our team of Kansas City medical malpractice lawyers has experience providing our clients with essential guidance and advocacy throughout the entire process.