Filing a Medical Malpractice Claim in Missouri

Medical malpractice occurs when a patient is harmed by the action of a doctor or the failure of a doctor or other health care professional to act appropriately.

Common medical malpractice cases include those involving medical misdiagnosis, childbirth injuries, surgical errors, and hospital-related infections. Patients who have become victims of medical malpractice can claim damages from the negligent doctor or health care professional. A medical malpractice lawsuit can be brought against anyone who is responsible for the negligence that harmed the patient including doctors, surgeons, nurses, hospitals, diagnostic labs, or pharmacists.

Missouri “Statute of Limitations”

In Missouri, there is a limited period of time in which a victim can make a medical malpractice claim. The deadline is set by the “Statute of Limitations”, which is mentioned in Missouri code section 516-105, which states:

All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, and any other entity providing health care services and all employees of any of the foregoing acting in the course and scope of their employment, for damages for malpractice, negligence, error or mistake related to health care shall be brought within two years from the date of occurrence of the act of neglect complained of.

Exceptions to the “Statute of Limitations”

Simply speaking, any medical malpractice claim should be filed within two years of the date on which the negligent act had occurred. There are, however, some exceptions to this rule. In some special cases, or under special circumstances outlined by Missouri law, the victim can afford some extra time to file a medical malpractice claim. For the information of our readers, Missouri medical malpractice lawyers have listed the exceptions to the Statute of Limitations.

1. Cases where a foreign object or surgical instrument has been left inside the patient’s body during a medical procedure. In such cases, the victim gets a period of two years from the time the surgical instrument was discovered.
2. Cases where medical malpractice involved the doctor’s failure to follow up and warn a patient of the results of a medical test. In such cases, the victim gets a period of two years from the time the negligence was discovered.
3. Cases where the victim of the medical malpractice was under the age of 18 years at the time when the negligence occurred. A minor gets the time until their 20th birthday to file a claim for the medical negligence that caused the injury.

Missouri medical malpractice lawyers tell us that although the law gives you a period of two years to file a malpractice claim, but it is highly advisable that the claim is filed as soon as possible, because any delay makes the case difficult to prove. Collecting evidences and reports, and proving negligence becomes difficult with passing time. So, the moment you realize that your illness or injury is a result of medical negligence, you should immediately consult with Zevan and Davidson Law Firm at (314) 588-7200.

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