Missouri Medical Malpractice law is regulated carefully by statute. There are many pitfalls to pursuing a medical malpractice lawsuit. If you have a claim against a doctor for malpractice, you should seek good counsel immediately. Gary Burger has extensive experience with medical malpractice lawsuits and has successfully recovered millions of dollars for victims of medical negligence.
Statute of Limitations: The statute of limitations in medical malpractice in Missouri is two years. If the medical malpractice causes death, the statute of limitations for wrongful death is three years. This is the general rule, but there are exceptions. For instance, if a foreign object is left in a body, the statute may be extended to when you knew or should have known of that failure, but in no instance can a lawsuit be pursued after ten years. There are different rules and arguments that can be made for minor children or in the instance of on-going treatment with the same physician, but as a general rule you must be vigilant in pursuing your medical malpractice claim and act within two years of the discovery of the malpractice.
Affidavit: In a Missouri medical malpractice claim, you cannot just simply file a lawsuit as you could in a car accident, but rather you must have an expert agreeing that you have a case. As your law firm, we must file an affidavit stating that we have a doctor, or an expert in that specific medical field, stating that the standard of care was violated. We must identify who that expert is.
If that is not filed within 90 days, your cause of action may be dismissed. It can be very difficult to secure a written opinion from a doctor that the standard of care was breached by another doctor, and this requirement is strict. Therefore, a good lawyer will not file a medical malpractice lawsuit until they have a letter from a doctor stating that the standard of care was violated and they are certain they can file an affidavit.
If you have a serious injury or a loved one has died as a result of medical negligence, please call us today for a free consultation at (314) 542-2222 or fill out our Free Case Consultation form and we will contact you. We will meet with you to help sort out the facts of your case and discuss the options available to you. If we choose to accept you as a client, we will not charge a fee unless we win.
Missouri Medical Malpractice Law Statutes by Section
538.205. – Definitions.
538.210. – Limitation on noneconomic damages–jury not to be informed of limit–limit–punitive damages, requirements.
538.215. – Damage itemization by trier of fact–excess noneconomic damages to be reduced by court.
538.220. – Damages, how paid–security required for future damage payments, when, duration–attorney’s fees–death of judgment creditor, effect.
538.225. – Affidavit by a health care provider certifying merit of case–legally qualified health care provider, defined–content filed, when–failure to file, effect–in camera review, when.
538.228. – Immunity from civil liability for certain health care professionals
Another helpful resource tool is The Missouri Board of Healing Arts where complaints may be filed against doctors in the state of Missouri. Call the experienced St. Louis medical malpractice lawyers at Burger Law for a free consultation at (314) 542-2222 or fill out our Free Case Consultation form and we will contact you.
We do not charge a fee unless we recover for you.