Home » Medical Negligence Laws » Missouri
A medical malpractice claim be must be brought “two years from the date of occurrence of the act of neglect complained of, except that: (1) In cases in which the act of neglect complained of is introducing and negligently permitting any foreign object to remain within the body of a living person, the action shall be brought within two years from the date of the discovery of such alleged negligence, or from the date on which the patient in the exercise of ordinary care should have discovered such alleged negligence, whichever date first occurs; and (2) 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” [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.” [Mo. Rev. Stat. § 516.105]
A wrongful death claim must be brought within 3 years of the date of death [Mo. Rev. Stat. § 537.080]
The cap for non-catastrophic injuries is $420,749 and the cap for catastrophic injuries is $736,310 as of 2024.
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