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Our Kansas City Medical Malpractice Attorneys Explain the Statute of Limitations for Missouri Birth Injury Claims
The answer isn’t always simple, as numerous factors can impact this timeframe. But the experienced Kansas City birth injury lawyers from Fowler Pickert Eisenmenger Norfleet want to give you as much information as possible to make a decision that’s right for your family. Here are some general guidelines regarding the statute of limitations for Missouri birth injury lawsuits and examples of special circumstances that may affect your deadline to pursue compensation.
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General Statute of Limitations for Birth Injury Lawsuits
These cases are usually based on medical malpractice claims, which means the statute of limitations is determined by Missouri Revised Statute § 516.105. All Missouri medical malpractice lawsuits must abide by the terms of this law.
Generally, all medical malpractice lawsuits—including birth injury cases—must be filed within two years of the date of injury. However, since birth injuries aren’t always apparent when a child is born, and the individuals who experience birth injuries are minors, there are circumstances in which this standard doesn’t apply.
Additionally, if a birth injury leads to loss of life, a wrongful death claim—which has a different statute of limitations—may also be filed.
Factors That Affect the Birth Injury Statute of Limitations
Depending on the specific circumstances of the case, some exceptions may apply when the lawsuit involves a birth injury. At Fowler Pickert Eisenmenger Norfleet, we immediately get to work gathering and securing evidence and crafting a legal strategy based on the unique circumstances of your case, like the examples below.
Birth Injury Lawsuits Brought by Parents of Injured Kids
For medical malpractice claims filed by a parent when the birth injury wasn’t immediately discovered or discoverable, the statute of limitations is two years from the date the birth injury was discovered or should have been discovered, which is longer than two years from the date of injury.
However, this timeframe isn’t without limits. In Missouri, there’s a 10-year cap on the statute of limitations for medical malpractice claims filed by parents.
Birth Injury Lawsuits Brought by Individuals Injured as Minors
If your child is seeking damages for someone else’s negligence, the statute of limitations can generally be extended until they’re 20 years old. This allows them to file a malpractice lawsuit concerning the birth injury as an adult. It’s important to note that specific rules and exceptions also apply to this action, depending on the unique circumstances of a particular case.
Birth Injury Lawsuits Involving a Wrongful Death Claim
The parents of the deceased child—or, in certain situations, another party—would be able to file a wrongful death claim in addition to or instead of a medical malpractice claim. Under Chapter 537 of Missouri law, the statute of limitations for a wrongful death lawsuit is generally three years after the date of death. The date of death may or may not be the same as the date the injury occurred, was discovered, or should have been discovered.
Importance of Filing Within the Statute of Limitations
Missing the deadline to file a Missouri birth injury lawsuit can have serious consequences, including losing your right to sue and being unable to seek damages related to the negligence, even if you would otherwise have a strong case. Your family might also suffer a significant financial burden, with no opportunity to recover damages for the medical expenses and costs for ongoing care and other expenses related to the birth injury.
When considering taking such detailed legal action, it’s essential to arrange a consultation right away with an experienced medical malpractice attorney who’s knowledgeable about birth injury cases. At Fowler Pickert Eisenmenger Norfleet, we understand the multiple layers of complicated medical cases and strive to provide you with the education and tenacity necessary to achieve justice. We’re fully committed to providing you with a structure and process that helps alleviate your concerns about whether your case is moving in the right direction, in a timely manner, and with all critical legal aspects addressed. We hope that with the support of our team, you’ll be able to focus on the needs of your family.
