How Does the Statute of Limitations Affect Medical Malpractice Claims

How Does the Statute of Limitations Affect Medical Malpractice Claims

Medical malpractice law is designed for patients to seek damages if they’ve been injured by the negligence of a medical professional. However, there are limits to what causes of action can be brought to civil court.

One of the main restrictions is the statute of limitations. This means that you cannot sue for events that happened too far in the past. The statute of limitations is different from state to state.

How does it work in Missouri?

The statute of limitations is two years for medical malpractice claims in Missouri. This means that you have two years from the negligent act to file a suit. A patient has two years from the time they were misdiagnosed, failed to be given medical results, or whatever other negligent act occurred to sue.

There is a notable exception. If the action is brought forth by a minor or on behalf of a minor, they have until the minor’s twentieth birthday to file that suit. This exception is the only significant way to bring an action to the court after two years have passed.

What about Kansas?

It is a bit more complicated in Kansas. You may be wondering what happens if you don’t realize you’ve been a victim of medical malpractice. For example, you’ve had surgery, but it’s not discovered that the surgeon left a sponge behind when they stitched you back up until three years have passed. In this case, you would have two years since it could be reasonably expected to know that you have been harmed.

If your case would fall under this exception, you would now have four years since the initial harm was done to file a suit.

If you are confused about whether your case may be affected by the statute of limitations, consult a Kansas City medical malpractice lawyer. We can offer the legal advice you need to determine if you have a viable case.
Are you affected by medical malpractice? Call Dempsey & Kingsland, P.C. today at (816) 484-3776 or fill out an online contact form for a free consultation regarding your case.

Categories: