How Long Do I Have to File a Suit Against a Doctor?

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How long do i have to file a suit against a
doctor?
What is the Statute of Limitations for Medical
Malpractice Actions?
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The Statute of Limitations
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You have a limited period of time to file a
lawsuit for medical malpractice in the state of
Missouri
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The time limit is set by the statute of
limitations
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A statute of limitations exists because evidence
can be lost over time memories can fade
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It wouldnt be fair to make someone live in fear
of old lawsuits forever
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Missouri Statute of Limitations for Medical
Malpractice
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Missouri sets the statute of limitations for
medical providers in Chapter 516, Section 516.105
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The statute of limitations applies in
All actions against physicians, hospitals,
dentists, registered or licensed practical
nurses, optometrists, podiatrists, pharmacists,
chiropractors, professional physical therapists,
and any other entity providing health care
services and all employees of any of the
foregoing acting in the course and scope of their
employment, for damages for malpractice,
negligence, error or mistake related to health
care
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Two Years for Most Claims
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For the majority of medical malpractice claims,
the statute of limitations is two years from the
date of occurrence of the act of negligence that
the claim is based on
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Exceptions for Foreign Objects
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An exception to the standard two-year rule
exists in cases where a surgical instrument is
left inside of a patient
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In these cases, the statute of limitations allows
a claim to be brought within two years of the
time when the plaintiff discovers the object or
should have discovered it
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Exceptions for Failure to Inform the Patient of
Test Results
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An exception is also made in situations where the
malpractice complaint arises from a failure to
inform the patients of test results
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In these cases, the case must be brought within
two years from the date that the failure to
inform is discovered, or from when the plaintiff
should first have discovered the negligence
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Complaints Brought by Minors
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When the malpractice victim is a minor under age
18, the plaintiff has until his or her 20th
birthday to file a claim
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LEARN MORE ABOUT MEDICAL MALPRACTICE IN MISSOURI
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Carey, Danis Lowe Attorneys at LawPersonal
Injury Lawyer
Carey, Danis Lowe Attorneys at LawPersonal
Injury Lawyers

• Practicing Nationwide

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