Medical Malpractice Statute of Limitations Specialists
The medical malpractice statute of limitations Missouri is typically two years, although there are exceptions to this rule. Learn more from our attorneys with this guide.
Buchanan, Williams & O’Brien have been a trusted law firm serving Missourians for over 40 years.
- Committed to always treating clients with courtesy & respect
- Benefit from the unrivaled experience of our statewide team of lawyers
- Trust the proven success we’ve delivered to clients for decades
Medical Malpractice Statute of Limitations Missouri
When you or a loved one has suffered due to improper health care, it is vital to be aware of the medical malpractice statute of limitations Missouri. Although you are likely entitled to a settlement for the financial damages you incurred, if you do not file your claim within the statute of limitations, you will go home empty-handed.
What is the statute of limitations in Missouri? A statute of limitations is a law that places firm restrictions on the time-frame within which you must file your case within the court system.
Your best chance of meeting the medical malpractice statute of limitations Missouri for submitting your claim is to obtain expert advice from the legal group of Buchanan, Williams & O’Brien, P.C. They can assess your situation, determine if you have a case, and offer solutions.
Missouri Medical Malpractice Statute of Limitations
What is the Missouri medical malpractice statute of limitations? In MO, clients have a restricted amount of time to file a claim after an injury or illness due to improper medical treatment by a healthcare professional. This is referred to as the statute of limitations. After this amount of time ends, victims and their families can no longer submit a suit to recover damages.
Typically, a malpractice claim needs to be filed within two years from the incident. In a couple of situations, that may be extended, as seen here. If a foreign instrument was negligently left within your body or your healthcare provider failed to inform you of your test results, the claim must be filed within two years of the date of discovery. Plus, children have up to two years after their eighteenth birthday to bring their claim to court.
Lastly, the “statute of repose” restricts any medical malpractice claim to 10 years, as it is believed that regardless of your condition or age, you would become aware of the issue within that amount of time.
Since the issues surrounding the medical malpractice statute of limitations Missouri are so complex, it is in your best interest to retain proper legal counsel from a medical malpractice lawyer as quickly as possible.
Confused about Medical Malpractice in Missouri? We are here to answer your questions.
Understanding the Missouri Medical Malpractice Process
There are several steps to the Missouri medical malpractice process. If any are incomplete, completed incorrectly, or submitted after the time limit, the court will automatically dismiss the case.
After submitting a medical malpractice grievance, you have 90 days to file an affidavit with the court that states that you consulted a qualified expert regarding your case, and that he or she the negligence of your healthcare provider caused your injuries.
If more than one professional is accused, you should submit a separate affidavit for each, detailing what they did to contribute to your injuries. The affidavits must include the name, address, and credentials of the medical witness, and be signed by you or your lawyer. Without the appropriate details, your case will likely be dismissed.
In addition to the affidavit, a skilled medical professional must testify at the trial to substantiate that your claim fell below the reasonable standard of care. It needs to verify that your injuries were the result of carelessness. If the evidence does not show that neglect occurred or that, if negligence occurred, it did not cause an injury, your malpractice lawsuit will be dismissed.
In order to ensure that the affidavit is correctly completed and submitted within the medical malpractice statute of limitations Missouri, you should retain a qualified Joplin lawyer to obtain the settlement you deserve.
Medical Negligence Statute of Limitations in St Louis
If you suffered medical negligence in St. Louis, you may need to be aware of the medical negligence statute of limitations in Illinois as well as Missouri since East St. Louis is in our neighboring state of Illinois. Since each state sets its own malpractice statutes, regulations regarding deadlines vary. If you were a victim of negligence while in East St. Louis, Illinois, you have two years from the date of discovery in order to file your affidavit with the court – so it happens to be the same as in Missouri. The date of discovery is when you have discovered, or should have discovered, the injury or that it was caused by malpractice.
Where Missouri has a 10-year “statute of repose,” in Illinois, you are unable to file a medical malpractice lawsuit more than four years from the date the healthcare treatment that resulted in the injuries occurred regardless of when they were discovered. An experienced personal injury attorney from St. Louis is able to advise victims in Illinois, as well as Missouri.
What Consists of Medical Malpractice or Negligence?
Medical malpractice statute of limitations Missouri, as with many states, takes place when a doctor, health center, nurse, or other healthcare professional fails to provide a “reasonable standard of care” that results in an injury. This may include errors in diagnosis, aftercare, treatment, or wellness management.
Although there are many causes to file medical malpractice cases, the most common are:
- Anesthesia errors
- Birth injuries
- Infections
- Medication errors
- Misdiagnosis
- Nonconsensual non-emergency procedures or treatments
- Refusal to diagnose
- Surgical errors
Most healthcare professionals provide conscientious treatment to their patients. Unfortunately, they are often overworked and understaffed. This is not an excuse that you should accept if you have been injured due to the careless or deliberate actions of a trusted provider. A MO law firm with a proven record for winning generous settlements for their clients can help.
Statute Of Limitations In Missouri For Medical Malpractice
There is a specific statute of limitations in Missouri for medical malpractice when the negligence results in death. Losing a loved one is never simple, but hiring a wrongful death lawyer can help you navigate this difficult and painful time.
Since the deceased person is unable to seek compensation, his or her survivors should take action on the individual’s behalf. The Missouri Wrongful Death Statutes govern what makes up a wrongful death claim, who can submit one, and how rapidly the case should be submitted. Understanding how the medical malpractice statute of limitations Missouri impacts the family’s ability to seek damages.
Missouri Statute Of Limitations Medical Malpractice for Wrongful Death
Like a lot of states, Missouri statute of limitations medical malpractice has different regulations regarding wrongful death. In MO, wrongful death cases must be submitted within three years of the date of the decedent’s death to be considered by the court.
Considering that the wrongful death statutes are different from the medical malpractice statute of limitations Missouri and vary by location and cause of death, it can be complicated understanding your rights. If you are facing a wrongful death claim, Carthage attorneys can assist you.
Navigating Malpractice Lawsuits Statute Of Limitations
Hiring an attorney is the best way to understand and meet your malpractice lawsuits statute of limitations. If you have a medical malpractice claim, the person or business whose negligent or deliberate actions caused your injury or the wrongful death of a loved one may be responsible for compensating you for the financial damages you request.
Unfortunately, if you fail to meet the medical malpractice statute of limitations Missouri deadlines, the court is required to dismiss your case regardless of how badly you were traumatized or how blatant the malpractice was.
Consulting a MO law firm can offer the legal advice and guidance you require. Contact BWO today.
Contact Us
