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.