Missouri Medical Malpractice Lawyer

How long do you have to bring a Missouri malpractice claim?

Generally 2 years from the date of the negligent act. Missouri's malpractice clock usually runs from the act, not from when you discovered the harm, which makes it one of the stricter deadlines.

There are narrow exceptions. When a foreign object is left in the body, or when a provider fails to inform a patient of test results, the claim may be brought within 2 years of discovery, subject to an outer limit. Claims involving minors follow special rules. Because the general deadline runs from the act itself, a patient who suspects an error should not wait to see if things improve.

What is the Missouri health care affidavit?

It is a sworn statement that a qualified health care provider has reviewed the case and believes the defendant failed to use reasonable care and that this caused the injury. It must be filed within a set period after the petition.

1. Gather the full medical records.
2. Have a qualified provider in the relevant field review the care.
3. File the petition before the 2-year deadline.
4. File the affidavit within the required period, which the court may extend for good cause.

If the affidavit is not filed on time, the court must dismiss the case. Because the deadline and the affidavit work together, the review should happen well before filing.

How do Missouri's damages caps work?

Missouri caps noneconomic damages, such as pain and suffering, in malpractice cases. The caps are adjusted every year, and a higher cap applies to catastrophic injuries and deaths.

Catastrophic injuries generally include serious conditions such as quadriplegia or paraplegia, loss of two or more limbs, certain brain injuries and loss of vision. Economic damages, such as medical expenses and lost earnings, are not capped. In serious cases, economic damages are often the largest part of the recovery, so we document them with physicians, life care planners and economists.

How does comparative fault affect a Missouri malpractice case?

Providers sometimes argue that a patient contributed to the harm, for example by missing appointments or not following instructions. Missouri reduces the recovery by the patient's share of fault but does not bar it.

Here is a worked example. A patient's heart condition is missed in the emergency room, and the patient also delayed returning when symptoms worsened. A jury values the economic losses at $500,000 and finds the patient 25 percent at fault. The economic award becomes $375,000. Noneconomic damages are reduced the same way and then limited by the applicable cap.

What are common Missouri malpractice claims?

Missouri's large hospital systems in St. Louis, Kansas City and Columbia, and smaller regional hospitals, handle a wide range of care. Errors can happen anywhere.

• Missed or delayed diagnosis of cancer, stroke, heart attack or infection.
• Surgical errors and failure to treat complications.
• Medication errors and anesthesia mistakes.
• Birth injuries, explained on our birth injury page.
• Failures in transfer from rural facilities to specialty centers.

Communication failures are common. A test result that never reaches the doctor or a warning that is not passed on can turn a treatable condition into a permanent injury. Electronic records keep audit trails that show who opened a chart and when, and those trails often reveal whether an abnormal result was seen and ignored or never seen at all.

What makes a Missouri malpractice case strong?

Clear proof of three things: what a careful provider would have done, how this provider fell short and how that failure changed the outcome. Missing any one of the three can sink a case.

Causation is often the hardest part. A provider may admit a delay but argue that the patient's illness would have progressed the same way. Specialists in the relevant field compare what earlier treatment would likely have achieved with what actually happened. Not every poor result is malpractice, and Missouri juries expect careful, specific proof.

How should you start a Missouri malpractice claim?

Begin with the records and a timeline. Write down every provider, every visit and what you were told, and keep discharge papers and bills. Because the 2-year clock runs from the act, contact us as soon as you suspect an error. If malpractice caused a death, see our Missouri wrongful death page. Our medical malpractice team reviews cases with qualified experts. For other state rules, see our Missouri injury overview. The review is free, and you pay no fee unless we win.