What Is the Statute of Limitations in Kansas City for a Medical Malpractice Case?
In Kansas City, Missouri, the statute of limitations to file most medical malpractice cases is two years after the date of injury. However, there are many exceptions to this rule. Sometimes a plaintiff can have the statute extended, or “tolled.”
If the underlying medical error that caused the injury was from the physician “introducing and leaving any foreign object in the body of a living person,” such as negligently leaving a surgical tool in the body cavity, the injured person has two years from the date he or she discovered the mistake.
Similarly, the plaintiff has two years from the date of discovery of a negligent failure to inform the patient of the results of medical tests that caused the injury. If the injured patient is less than 18 years old, they have until the age of 20 to bring a medical malpractice action, regardless of how many years this takes.
Kansas City Medical Malpractice Laws
To file a medical malpractice lawsuit in the state of Missouri, you will need to adhere to the state’s medical malpractice laws. As previously mentioned, you will need to make sure that your case falls within the statute of limitations.
You will have to hire an attorney experienced in Missouri medical malpractice law to file your complaint in civil court. An attorney can help you conduct an in-depth investigation and have access to resources you may not have on your own. Your Kansas City medical malpractice lawyer will have to file an affidavit of merit in civil court within 90 days of filing the initial complaint.
What Damages Can Be Claimed in a Medical Malpractice Suit?
- Past and future medical expenses
- Lost income
- Disability
- Loss of quality of life
- Pain and suffering
- Scarring and disfigurement
- Stress and anxiety
- Punitive damages for especially negligent or reckless behavior
Missouri sets certain caps for non-economic damages, which do not involve out-of-pocket loss. For standard medical malpractice cases, you can claim up to $400,000 in non-economic damages. For cases involving serious personal injury or wrongful death, you can claim up to $700,000 in non-economic damages. To learn more, contact Fowler Pickert Eisenmenger Norfleet today.
