FB Missouri Statute of Limitations for Birth Injuries, Medical Malpractice

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 20 years

SOL for Medical Malpractice Claims (Parental Claims): 2 years

SOL for Wrongful Death Claims: 3 years

Missouri Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

20 years: Mo. Rev. Stat. § 516.105: In cases in which the person bringing the action is a minor less than eighteen years of age, such minor shall have until his or her twentieth birthday to bring such action.
In no event shall any action for damages for malpractice, error, or mistake be commenced after the expiration of ten years from the date of the act of neglect complained of or for two years from a minor’s eighteenth birthday, whichever is later.

Missouri Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: Mo. Rev. Stat. § 516.105: Any medical malpractice action must be brought within two years from the date of the occurrence. In cases in which the act of neglect complained of is the negligent failure to inform the patient of the results of medical tests, the action for failure to inform shall be brought within two years from the date of the discovery of such alleged negligent failure to inform, or from the date on which the patient in the exercise of ordinary care should have discovered such alleged negligent failure to inform, whichever date first occurs; except that, no such action shall be brought for any negligent failure to inform about the results of medical tests performed more than two years before August 28, 1999.

Missouri Medical Malpractice Claim Caps

None for cases accruing before August 28, 2015. Effective August 28, 2015 see § 538.210(2): (1) In any action against a health care provider for damages for personal injury arising out of the rendering of or the failure to render health care services, no plaintiff shall recover more than four hundred thousand dollars for noneconomic damages irrespective of the number of defendants. (2) Notwithstanding the provisions of subdivision (1) of this subsection, in any action against a health care provider for damages for a catastrophic personal injury arising out of the rendering or failure to render heath care services, no plaintiff shall recover more than seven hundred thousand dollars for noneconomic damages irrespective of the number of defendants. (3) In any action against a health care provider for damages for death arising out of the rendering of or the failure to render health care services, no plaintiff shall recover more than seven hundred thousand dollars for noneconomic damages irrespective of the number of defendants.

Missouri Statute of Limitations for Wrongful Death Claims

3 years: Mo. Rev. Stat. § 537.100: Every action instituted under section 537.080 [wrongful death statute] shall be commenced within three years after the cause of action shall accrue.

Missouri Wrongful Death Claim Caps

None for cases accruing before August 28, 2015. Effective August 28, 2015 see § 538.210(2): (1) In any action against a health care provider for damages for personal injury arising out of the rendering of or the failure to render health care services, no plaintiff shall recover more than four hundred thousand dollars for noneconomic damages irrespective of the number of defendants. (2) Notwithstanding the provisions of subdivision (1) of this subsection, in any action against a health care provider for damages for a catastrophic personal injury arising out of the rendering or failure to render heath care services, no plaintiff shall recover more than seven hundred thousand dollars for noneconomic damages irrespective of the number of defendants. (3) In any action against a health care provider for damages for death arising out of the rendering of or the failure to render health care services, no plaintiff shall recover more than seven hundred thousand dollars for noneconomic damages irrespective of the number of defendants.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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