While you know there are risks to any medical procedure, you should never have to be concerned about being harmed by medical negligence from your healthcare provider. Unfortunately, we know these errors happen all the time, and someone can become a victim of medical malpractice. If you need a Kansas City medical malpractice lawyer, you can count on the team at Townsend Law LLC to be by your side, working to secure the compensation you deserve. Today, we want to talk about the time limits, or statute of limitations, you have to file a medical malpractice case in Missouri.
There is a strict medical malpractice statute of limitations in place for the amount of time for medical malpractice claims, and you need to be aware of the period of time you have to file your claim. In Missouri, there is a two-year time limit on these cases. This means that an injured patient has a two year period from the date the injury occurred to file a lawsuit in civil court, known as the 2 year statute of limitations.
There are two exceptions to this law:
If the malpractice arises due to a foreign object being left behind in the patient’s body (like a surgical instrument), or
If the case was caused by a negligent failure to inform a patient of their medical test results, allowing for more time than the standard statute of limitations.
In these cases, a lawsuit can be filed within two years from the time the mistake was discovered. There is the Discovery Rule, which can reset the clock on the medical malpractice statute of limitations, because the claimant could not have reasonably known of the issue. However, you should know that there is an overall deadline, sometimes referred to as the statute of repose – all cases of medical malpractice in Missouri must be filed within ten years from the time the mistake was made.
You may not realize that medical mistakes are the third leading cause of death in the United States. Johns Hopkins researchers say that approximately 250,000 people lose their lives each year due to preventable mistakes made by medical professionals. This number may be low, as some estimates say as many as 440,000 people are killed due to medical errors from health care providers.
Medical negligence in medical care should never be something you experience, but healthcare professionals are human and medical errors are a reality we all have to live with. Maintaining a proper standard of care,
Some of the most common medical errors in the US revolve around:
Please know that this is not a complete list of mistakes that can be made. Always speak with your Kansas City medical malpractice lawyer about your particular case.
If you or a loved one have been harmed due to the mistakes of a medical professional, please seek legal assistance as soon as possible to avoid exceeding the statute of limitation for your claim in your personal injury case.
At Townsend Law LLC, you can count on our law firm to have our knowledgeable and experienced team by your side, fighting to secure the benefits you deserve and providing legal advice on how to proceed with your claim. Let us investigate what happened so we can obtain compensation for the following: