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 which can be complex and time-sensitive.
In both states, plaintiffs must file their lawsuit within two years from the date they discovered, or should reasonably have discovered, their injury. However, there are exceptions to this law.
Missouri
If someone was unaware at the time of the injury that it may be due to medical negligence, they may have up to 10 years from the date of injury to file a claim. Additionally, there are exceptions if the injured party is a minor, considered under age 18. So the claim must be filed before the person turns 20.
Kansas
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 five years from when they were made aware that their injury may have been caused by medical negligence. In addition, minors have until they turn 18 plus two years to file a lawsuit after their 18th birthday.
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, 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 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.
Have You or a Loved One Been Injured Due to Medical Malpractice in Kansas City, Missouri?
If you believe you or a loved one has been harmed due to medical practice you should speak with an experienced medical malpractice lawyer as soon as possible. Please feel free to contact us online or call our office directly at 816.832.4688 to schedule your free consultation. We are proud to serve Kansas City, Missouri, and the surrounding area and look forward to speaking with you.
