MISSOURI MEDICAL MALPRACTICE

Medical malpractice, also called med mal, in Missouri is a cause of action available to patients injured as the result of medical negligence of healthcare providers during treatment. Missouri Healthcare providers have a duty to provide patients with a level of care consistent with the standards accepted by the profession, and failure to do so can result in patient injury and a med mal claim. Medical malpractice claims in Missouri can arise from any error during treatment including:

1. Failure to diagnose or miss-diagnosis
2. Improper treatment or failure to treat
3. Surgical or nursing error
4. Incorrect prescription or failure to prescribe

A patient suffering an injury due to medical negligence of a Missouri healthcare provider should consult a Missouri medical malpractice attorney to take proper action for recovery.

Who May Commit Medical Malpractice In Missouri

Any Missouri healthcare provider can be liable for medical malpractice if their negligence during treatment causes a patient harm. Missouri med mal law defines a healthcare provider as any individual or entity licensed to practice medicine in Missouri. This definition includes individuals such as physicians, nurses, surgeons, dentists, optometrists, psychologists, or chiropractors, and entities such as hospitals, nursing homes, mental health facilities, and clinics. For information on which parties are liable for a Missouri med mal claim, consult a Missouri medical malpractice lawyer prior to taking action.

Missouri Medical Malpractice Statute Of Limitations

A potential med mal plaintiff in Missouri must file a claim within the time frame specified by Missouri law. Missouri medical malpractice law states that a claim must be filed within the following constraints:

• Two years from the date of the medically negligent act or omission
• If the claim arises from a failure to diagnose or inform a patient of a disease or necessary treatment, the patient has two years from the date they discovered, or reasonably should have discovered, the failure to inform occurred.
• If the claim involves a foreign object, two years from the date the object is discovered, but no more than ten years from the date of the medically negligent act or omission.
• Wrongful death actions must be brought within three years of the patient’s death.

Patients discovering an injury resulting from medical negligence in Missouri should immediately contact a Missouri med mal lawyer in order to ensure the claim is filed within the statutory time frame.

Damage Limitations On Missouri Medical Malpractice Claims

Missouri medical malpractice law places a cap on the amount of non-economic damages a plaintiff can recover in a med mal claim. Non-economic damages are defined as any damage not related to a patient’s finances such as pain and suffering or emotional distress. Missouri med mal law places the non-economic damage cap at $350,000 regardless of the number of defendants in the lawsuit. For information on the damage limitations in a Missouri medical malpractice suit, consult a Missouri med mal attorney prior to filing a claim.

How To File A Medical Malpractice Claim In Missouri

Any plaintiff considering a medical malpractice action in Missouri should consult a Missouri med mal attorney prior to taking any action. Medical malpractice claims can be time consuming and difficult to file, and require an advanced knowledge of laws and legal procedures. Additionally, defendants in a medical malpractice claim are going to be prepared with attorneys and insurance companies ready to provide the best possible defense to the claim, and a plaintiff without assistance from a Missouri medical malpractice attorney would not be prepared to make a sufficient argument. Plaintiffs must be prepared with expert testimony, evidence of the treatment, and legal reasoning sustaining their claim. A Missouri medical malpractice attorney will provide support a plaintiff needs to ensure a claim is not dismissed, and increase the chances a patient receives a fair recovery for their injuries. Consult a Missouri medical malpractice attorney prior to taking any action.

Missouri Revised Statutes

Missouri Medical Malpractice

1. Who may Commit Medical Malpractice in Missouri
   • Missouri Revised Statutes, Article 12, Title 36, Chapter 538 § 538.205.
2. Missouri medical Malpractice Statute of Limitations
   • Missouri Revised Statutes, Article 12, Title 36, Chapter 516 § 516.105.
3. Damage Limitations on Missouri Medical Malpractice Claims
   • Missouri Revised Statutes, Article 12, Title 36, Chapter 538 § 538.210.