If you or a loved one suffered from medical malpractice in Missouri or Kansas, you have a limited timeframe for filing a claim. The laws involving medical malpractice can be confusing, but having a trusted Kansas City medical malpractice attorney on your side can make it easier to understand the legal process and ensure your claim is filed expediently.
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Missouri and Kansas Laws on Medical Malpractice Claims
A statute of limitations is a law that limits how long an individual has to take legal action after discovering an injury or harm. To file a medical malpractice lawsuit in Missouri or Kansas, both states have statutes of limitations that can be complex and time-sensitive.
In both states, plaintiffs must file their lawsuit within two years from the date of the alleged negligence. However, there are exceptions to this law.
Missouri
There are exceptions if the injured party is a minor, considered under age 18. In this instance the claim must be filed before the person turns 20.
Kansas
The statute of limitations may also be extended for minors in Kansas. In Kansas, minors have eight years from the date of negligence to file a lawsuit. Additionally, if someone cannot determine whether their injury was due to medical negligence until more than two years after they discover it, then they may still be able to file a claim within four years from the date of the alleged negligence.
The critical thing to remember is no matter which state you live in, it’s advisable for victims of medical malpractice to contact an experienced lawyer as soon as possible after discovering an injury. This provides a more significant window of time to start building a case and ensure your rights remain protected under applicable laws.
Other Steps for Filing a Medical Malpractice Complaint
In Missouri, you must file a certificate of merit within 120 days after filing a lawsuit against a health care provider for medical malpractice. This certificate has to be signed by a qualified health care professional stating they believe your claim has merit. This means you’re required to provide evidence that your case is valid, along with your malpractice complaint, before proceedings officially begin in court.
Medical Malpractice Damages
Available medical malpractice damages vary depending on what state you live in but generally, compensation for medical malpractice includes economic and non-economic damages such as:
- Lost wages
- Pain and suffering
- Permanent disfigurement
- Past and future medical expenses related to the injury caused by medical negligence
In both states, you can also seek compensation for wrongful death brought on by medical malpractice including funeral costs, loss of consortium, and other associated losses due to death inflicted by negligent behavior.
