Other Steps for Filing a Medical Malpractice Complaint

In Missouri, before any formal proceedings begin, you must serve a notice of intent on the party named in your claim at least 90 days before filing a lawsuit. This means you’re informing the person of your intention to sue them for any damages their negligence may have caused. The notice of intent should include details about the nature of your claim and must be done within two years from when the incident occurred. The statute of limitations is three years from when the incident transpired if it was due to an intentional act. 

In Kansas, 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.

Spencer Eisenmenger
Helping Kansas City area medical malpractice, product liability, birth injury and personal injury clients.