Ask a Medical Malpractice Lawyer: What Is the Statute of Limitations in Medical Malpractice?

Different areas of the law have different statutes of limitations. When dealing with medical malpractice in Missouri, the statute of limitations is generally two years. This can vary depending on your circumstances. Consulting a Kansas City medical malpractice lawyer will help you determine if there are exceptions in your case.

Ask a Kansas City Medical Malpractice Lawyer: What Does the Statute of Limitations Mean?

In simple terms, the statute of limitations sets out how long you have to file a claim after suffering unlawful conduct. Medical malpractice cases have one of the shortest statutes of limitations of all crimes.

Many general personal injury cases also have a statute of limitations of five years. However, despite medical malpractice falling under the umbrella of personal injury law, that longer statute of limitations doesn't apply. Having a much shorter statute of limitations for medical malpractice cases means you should work fast when you wish to file a claim.

What Happens If You Don't Know About the Medical Malpractice Within Two Years?

Some forms of medical malpractice go undiscovered until years after they occur. For example, certain types of surgical errors can often go unnoticed. You may get a scan several years after having a procedure and discover the surgeon left an instrument inside you.

In cases like this, the statute of limitations begins when you're made aware of the issue, not when it actually happened. However, if the error was made more than ten years ago, then, unfortunately, you can't file a claim. You should speak to a lawyer if you want to learn more about other exceptions to the two-year statute of limitations.

Is the Statute of Limitations Different for Children?

In Missouri, the statute of limitations is different for children. The statute of limitations is ten years if a minor suffered medical negligence at the hands of a physician or a hospital. This ten-year statute of limitations begins on the date the injury occurred.

If a parent does not file a lawsuit on behalf of the child within these ten years, then the person who suffered medical negligence can file for themselves once they turn 18. Once they turn 18, they have two years to file the claim.

What Happens If the Medical Malpractice Resulted in Death?

If the malpractice resulted in death, then the statute of limitations extends to three years. However, cases that result in death are a little trickier to handle as they differ from regular malpractice cases. Consulting a highly experienced attorney who's worked on other malpractice cases that resulted in death is essential.

What Should You Do If You Believe You Have a Medical Malpractice Case?

If you believe you're dealing with a medical malpractice case, then you should contact an attorney as soon as you can. Ideally, you'll contact somebody within a few days of discovering or experiencing the issue. If you're too ill to contact someone at the time, you have some time to wait a couple of weeks to heal, but you should still be as hasty as possible.

The attorney will evaluate your case and look closely at certain areas of the statute of limitations and Missouri malpractice law. After this, they'll decide whether or not you have a case. Sometimes, even if you do have a case on your hands, you may not have a high chance of winning due to a lack of evidence. In these cases, an attorney may decline to take on your case.

What Happens If an Attorney Refuses to Take on the Case?

If the first attorney you consult won't take on your case, then you may ask them if they could refer you to another attorney at their firm. You should always seek the opinions of a couple of attorneys before giving up. However, if every attorney you talk to declines to take on your case, then it's usually not worth pursuing.

With medical malpractice cases, most attorneys have you pay your legal bills out of the settlement you win from your case. An attorney who refuses to take on your case will do so because they don't believe you'll win, and they won't get paid if you don't win.

Is It Worth Pursuing Legal Aid after Suffering Medical Negligence?

It's always worth seeking legal aid if you believe you have a malpractice lawsuit on your hands, especially if you work with a lawyer who charges a contingent fee. The worst-case scenario is that nobody will take on your case. If an attorney does take on your case, then you already have a good shot at winning. If you don't win, then you're not at a financial loss, as you won't have a settlement to pay your attorney out of.

The statute of limitations for medical malpractice cases in Missouri is two years, but there are exceptions to this rule. Speaking to an attorney with a lot of experience in medical malpractice cases will help you figure out the nuances of your case.