Placing your health and your very life in the hands of a doctor or other medical provider requires a leap of faith and the expectation that the medical professional will uphold their legal duty to provide the standard of care accepted by the medical community. Sadly, a controversial Johns Hopkins study found that as many as 250,000 medical malpractice deaths occur each year in the U.S., making it the third leading cause of death. After suffering serious harm, such as an injury, a worsened medical condition, or shortened life expectancy due to a medical provider’s malpractice, the injury victim has a right to seek compensation through a medical malpractice claim. But how late is too late to file a Missouri medical malpractice case?
Missouri’s Statute of Limitations For Medical Malpractice Lawsuits
All states impose time limits on the amount of time after a medical malpractice incident a case can be taken to court. Under Missouri 516.105, the state allows up to two years after the date the medical malpractice occurred for the case to be tried in court. This statute of limitations means that a malpractice victim must file their claim well within the time limit in order for their attorney to have ample time to investigate, consult with medical experts, document compelling evidence of liability, and make a careful calculation of the malpractice victim’s damages to negotiate for a settlement. A case only goes to court if the medical provider’s medical malpractice insurance company fails to offer the victim an acceptable settlement. If a case requires court litigation, the injury victim must file a petition within the two-year time limit, or the court will refuse to hear the case.
What Is the Purpose of the Time Limit on Filing Medical Malpractice Claims?
Missouri’s civil law limits the amount of time after a personal injury claim goes to court, including in medical malpractice cases. The time limit helps to ensure that the evidence remains fresh and available when the victim’s attorney compiles proof of the provider’s liability. Many medical malpractice claims also involve eyewitness testimony. Limiting the time that passes between the incident and the case going into negotiations or into court also ensures that eyewitness testimony is still reliable. The statute of limitations also protects medical providers from living under the indefinite threat of lawsuits.
Are There Exceptions to the Two-Year Statute of Limitations for Medical Malpractice Claims?
There are a few specific exceptions to the two-year statute of limitations for medical malpractice cases in Missouri. In these cases, the statute of limitations may be extended, or tolled. For example:
- When the malpractice occurs to a minor, they have up to two years after their 18th birthday to file a claim
- If a malpractice victim doesn’t discover the injury or connect their symptoms to malpractice until some time after the incident occurred, the statute of limitations begins on the date of discovery (the discovery rule)
- If a medical malpractice victim is unconscious, comatose, or incapacitated for some time after the incident, the two-year time limit begins on the date they recover their cognitive ability
An experienced medical malpractice lawyer can advise you on how Missouri’s statute of limitations for medical malpractice lawsuits affects your case.