Our St. Louis medical malpractice lawyer at The Gogel Law Firm knows that in Missouri, medical malpractice claims are subject to a statute of limitations, which dictates when a lawsuit must be filed.
The statute of limitations for medical malpractice claims in Missouri is generally two years from the date of the alleged malpractice or from when the patient knew or should have known about the injury, whichever comes later.
It’s important to note that these deadlines may be exceptions or variations depending on the case’s specific circumstances. Here, we discuss those circumstances.
What are the Exceptions to Missouri’s Medical Malpractice Statute of Limitations?
In Missouri, several exceptions or circumstances may extend or toll (pause) the medical malpractice statute of limitations.
Some of the standard exceptions include:
- Discovery Rule
If the patient did not discover and could not reasonably have discovered the existence of the medical malpractice within the initial statute of limitations period, the clock may start ticking from the date of discovery rather than from the date of the alleged malpractice.
However, Missouri also has a statute of repose, which imposes an absolute deadline for filing medical malpractice claims regardless of when the injury was discovered. Under Missouri law, the statute of repose for medical malpractice claims is typically ten years from the date of the alleged act of malpractice.
- Minority
If the injured party was a minor during the alleged malpractice, Missouri law may extend the statute of limitations. Typically, the statute of limitations does not run until the minor reaches the age of majority (18 years old).
- Incompetence
If the injured party was deemed legally incompetent or mentally incapacitated during the alleged malpractice, the statute of limitations may be tolled until they regain competence or capacity.
- Fraudulent Concealment
If the healthcare provider fraudulently conceals the fact of malpractice, the statute of limitations may be extended. In such cases, the clock may start from when the malpractice was or should have been discovered despite the concealment.
- Continuous Treatment
If the condition related to the alleged malpractice is treated continuously, the statute of limitations may be tolled until the treatment ends. This exception applies when the patient is under the continuous care of the same healthcare provider for the condition in question.
- Foreign Object
If medical malpractice involves leaving a foreign object—such as a surgical instrument—inside the patient’s body, Missouri law provides a separate statute of limitations, starting when the foreign object is or should have been discovered.
Contact Our St. Louis Medical Malpractice Attorney Today
It’s important to note that these exceptions can be complex and may vary depending on the case’s specific circumstances. If you believe you have a medical malpractice claim in Missouri, contact our St. Louis medical malpractice attorney today to review your case by calling (314)-370-8173 or online to schedule a free consultation.
We will evaluate your case, help you understand your legal rights and options, and meet any deadlines that will allow you to pursue the best outcome for your unique claim.
