Legal Question in Medical Malpractice in Missouri
Is it too late to file suit?
When my mother died in 7/1998 we attempted to sue the hospital but we couldn't get a lawyer that would go up against that hospital. Since then the hospital has been inspected by DHHS several times (following my complaint of service). My mothers records were sent for a ''PRO review''. I just found out yesterday that they ''sited the doctors for the care given''. Do we have any recourse now? We feel this proves we were right and that they should be held responsible.
2 Answers from Attorneys
Re: Is it too late to file suit?
The statute of limitations in medical malpractice cases is two years. There are some situations where the statute will be "tolled", that is, not run on a given instance of negligence, but your fact pattern does not appear to present a tolling issue. The fact that you consulted with potential counsel during the two year period suggests the negligence was not newly discovered or concealed by fraud. I believe it is too late.
Re: Is it too late to file suit?
The statute of limitations in Missouri is two years for medical malpractice, but three years for wrongful death. Unfortunately, either way, you're stuck because the 3 year statute ran in 2001.
I am sorry that the answer could not be more favorable.
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