How Long Do You Have to Sue for Medical Malpractice?

A medical malpractice lawsuit allows people injured due to medical negligence to recover compensation from their healthcare providers and, often, facilities that employ those providers.

Unfortunately, you can’t file a lawsuit after the statute of limitations runs out. In Missouri, the statute of limitations for filing a medical malpractice lawsuit in the state civil court system is two years, beginning on the date of injury. Note this is much shorter than the time frame for other types of personal injury claims in MO.

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There are complicated exceptions to the medical malpractice statute of limitations, and the claim process can be challenging. Never wait to consult a trusted St. Louis medical malpractice attorney for legal guidance in pursuing compensation from the negligent medical professional.

Exceptions to Missouri’s Medical Malpractice Statute of Limitation

Since there are possible delays in discovering an injury due to medical errors, a few exceptions can extend the two-year window to file a medical malpractice lawsuit.

Here are some applicable exceptions:

Exceptions for Minors

If the medical malpractice victim is a minor younger than 18 years old, the injured victim has until their 20th birthday to bring a medical malpractice lawsuit against the at-fault party.

Discovery Rule 

Under the discovery rule exception, the statute of limitations would apply two years from the date of the discovery of the injury or from when the patient should have reasonably discovered the alleged negligence, whichever comes first.

For instance, imagine a patient underwent surgery and a surgeon left a sponge inside their body. The statute of limitations would begin once the patient discovered the sponge— for instance, a patient who started experiencing pain two years later, which prompted a doctor to order an X-ray to reveal the presence of the foreign object. Although the actual two-year deadline may have lapsed from the date of actual injury, the victim could convince the court through the discovery rule that they can still file a lawsuit.

Medical Malpractice Cases That Cause Death

The statute of limitations allows a surviving family member or estate representative a three-year window to file a medical malpractice lawsuit after a patient’s death.

Failure to inform a Patient of Their Test Results

Under this exception, the statute of limitations begins two years from the date of discovery of the alleged medical negligence or the date at which the patient, in the exercise of ordinary care, should have discovered the failure to inform, whichever comes first.

Get in Touch With an Experienced Medical Malpractice Attorney For a Free Consultations

Patients can suffer serious and costly harm when a doctor, nurse, or assistant physician fails to uphold medical standards. Most injuries arising from medical malpractice have long-term consequences and often reduce the victim’s quality of life.

You, therefore, deserve compensation for injury-related losses such as medical expenses, lost income, and emotional anguish. The legal team at Burger Law has decades of experience, giving us an edge to represent you.

Contact us online or at (314) 542-2223 for a free case evaluation.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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