When you believe a medical professional made a mistake that harmed you, time is important. In Missouri, the statute of limitations determines how long you have to file a medical malpractice claim. If you’ve been harmed by a medical professional, it is important to understand how this can affect you.
General rule
In Missouri, you have two years from the date the malpractice happens to file a claim. This timeline applies to most medical malpractice cases, but it’s not always clear-cut. If a medical mistake occurs during a procedure or treatment, the clock starts from the date of the incident.
The discovery rule
Sometimes, you may not immediately recognize the injury caused by malpractice. In this case, Missouri applies a discovery rule. This rule allows you to file a claim within two years of discovering the injury or when you reasonably should have discovered it. For example, if a surgical error doesn’t become apparent until months after the procedure, the two-year window starts when you discover the mistake.
Special considerations for minors and foreign objects
For minors, the statute of limitations extends. If the injured party is under 18 when the malpractice happens, they have until their 20th birthday to file a claim. This extension gives more time for the case to come forward on behalf of a child.
In cases involving a foreign object, like a surgical tool left inside the body, the statute of limitations may also extend. The clock starts when you discover the object or when you reasonably should have found it, even if that happens years later.
Understanding Missouri’s statute of limitations for medical malpractice cases helps you protect your rights. Act promptly and seek advice if you believe a medical error harmed you.