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Statute of Limitations - Medical Malpractice

Surprising some individuals is the fact that certain lawsuits can only be brought within a limited time from the date of the incident. This is known as the statute of limitations. If a claim has not been brought within the statute of limitations, the claim is then barred and is forever lost. This may seem like a draconian law, but it serves the purpose of ensuring claims are brought when evidence it still fresh and effective. When too much time has passed the evidence becomes stale and thereby unreliable. There are certain situations when the statute of limitations is extended, however, if you believe that you have a possible claim it is crucial you act immediately.

Missouri law provides a two year statute of limitations for medical malpractice. As such, if you were to bring a claim three years after the cause of action arose, the action would be barred and you may not seek remedies for the injuries you suffered.

However, the Missouri statute does provide three situations that toll the statute of limitations. First, if the individual was a minor, that is under the age of eighteen, at the time of the malpractice, the minor would then have until the age of twenty to bring the cause of action. Secondly, if the medical provider failed to inform the patient of the results of the medical test then the patient has two years after the discovery of the negligence to inform. Finally, if an object is left in a patient’s body then the patient has two years after the discovery of the negligence or two years until the patient should have discovered the negligence. The Medical Malpractice team at Meyerkord & Kurth can help you determine if you have a potential medical malpractice claim. Contact us today at 314-436-9958 or 314-300-3000 for a free evaluation