At The Gogel Law Firm, our St. Louis personal injury lawyer knows that in Missouri, the deadlines for filing a medical malpractice claim, known as the statute of limitations, are critical to understanding whether you or a loved one has been harmed by medical negligence.
The general rule is that a medical malpractice claim must be filed within two years of the negligent act or omission that caused the injury.
However, there are several essential exceptions and nuances to this rule.
Understand The Discovery Rule
If the injury is not immediately apparent, the statute of limitations may be extended under the “discovery rule.” This rule allows the clock to start when the patient discovers or reasonably should have discovered the injury.
However, even under the discovery rule, a claim must be filed within ten years of the date the malpractice occurred, regardless of when the injury was discovered.
The Injured Party Was a Minor
For minors, the statute of limitations is different. A child injured by medical malpractice has until their 20th birthday to file a claim, regardless of when the malpractice occurred. This allows for a more extended period to pursue legal action, considering the age and vulnerability of the victim.
Medical Malpractice Involved a Foreign Object
If a foreign object, such as a surgical instrument or sponge, is left in a patient’s body, the statute of limitations is two years from when the object was discovered or reasonably should have been discovered. This is a significant exception because these injuries are often not discovered until after surgery.
Medical Malpractice Resulted in Wrongful Death
If the medical malpractice resulted in death, the statute of limitations for filing a wrongful death claim is three years from the date of death rather than the date of the negligent act. This gives families a slightly extended period to seek justice for their loss.
The Importance of Acting Quickly
Acting quickly is crucial in medical malpractice cases because evidence can deteriorate and memories fade. Medical records, witness statements, and expert testimonies are vital to building a solid case, and delays can jeopardize the availability and reliability of this evidence.
Early consultation with our medical malpractice attorney allows for a thorough investigation and timely filing, ensuring that the statute of limitations does not bar the case. Waiting too long can result in losing the right to sue, leaving you without recourse for the harm suffered.
Contact Our Medical Malpractice Attorney in St. Louis Today
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.
