There is No General "Discovery Rule" under Missouri Medical Malpractice Law

Understanding the Statute of Limitations in Missouri Medical Malpractice Cases--There is No General "Discovery Rule" under Missouri Law

If you or a loved one has suffered due to medical malpractice in Missouri, it’s crucial to understand the legal timelines that govern your case. One important aspect is the statute of limitations, which dictates how long you have to file a lawsuit. In Missouri, the law is clear: there is no discovery rule that extends this timeframe in medical malpractice litigation.

Under Missouri Revised Statutes § 516.105, a plaintiff has two years from the date the alleged malpractice occurred to file a lawsuit. There are limited exceptions:

• Foreign Objects: Suit may be brought within 2 years of when you learn or should have learned that a foreign object was negligently left in your body after a surgery. Note: materials that are meant to be left in the body, such as surgical clips, mesh, suture anchors, etc. are not generally considered foreign objects. §516.105(1)
• Failure to Inform of Test Results: If the neglect is the failure to inform the patient of a test result the case must be brought within 2 years of learning of the test result. §516.105(2)
• Minors: In the event of malpractice involving a minor, the case must be brought within 2 years of the minor reaching the age of 18, in other words, by their 20th birthday. §516.105(3)

This means that regardless of when you "discover" the injury or its connection to the medical provider’s actions, the clock starts ticking at the moment of the negligence. While some state's laws calculate the time limit from when you "discover" that malpractice has occurred, that is not the law in Missouri.

The only other exception is if the negligent medical care provider continues to treat the patient, in an attempt to correct the complications caused by the malpractice, the statute of limitations may not begin to run until the last date the defendant provided medical care. This is known as the continuing care exception.

This lack of a "discovery rule" can significantly impact your case. For instance, if a medical error leads to complications that only manifest years later, you cannot rely on the delayed discovery of these complications to extend the filing period. Instead, it’s essential to act promptly. Seeking legal counsel as soon as possible after the incident can help ensure your rights are protected.

The absence of a discovery rule emphasizes the importance of being proactive. If you suspect you have a case of medical malpractice, don’t wait for symptoms to worsen or for questions to arise. Consult with an experienced medical malpractice attorney who can guide you through the process and help you meet all necessary deadlines.

Remember, understanding and adhering to Missouri’s statute of limitations is vital to ensuring that you have the opportunity to pursue justice for your injuries.