Legal Question in Medical Malpractice in Missouri
Time limitation Statute... undiscovered negligence
Rec'vd expensive out of pocket microsurgery for tubal reversal in 96'. Just found out from our specialist that the dr. not only botched the job but he didn't inform us (even up til now) of the exact procedure that he had given to me. His actions directly resulted in our INABILITY to achieve pg. Only after securing my O.R. records were we able to ascertain the full extent of my damage. I am now facing expensive restorative surgery to try to salvage what fertility we MIGHT have left. Once again, out of pocket and expensive. Even though the 2 yr. window is gone, is there ANY hope since I just now found this info. out 2 weeks ago. Negligence in this case is glaringly obvious. No followups, no tests, told to keep trying. We would STILL be in the dark had I not contacted his office 2 wks. ago with questions about us STILL not being able to achieve pg. Since we have moved I was just given the name of a dr. that he refers his I.F. patients to. Once again, nothing was mentioned about my surgery or any indications that would shed some light on our unexplained fertility (procedure he had given me). Surely something can be done. No consent was signed nor did he divulge the true care/treatment given???
1 Answer from Attorneys
Re: Time limitation Statute...
A number of theories exist that might provide you with a way around the statute of limitations. Fraudulent concealment is a potential option as is the continuing treatment rule. You should consult an attorney immediately. If you need a referral I work with two great firms in the Kansas City and St. Louis areas who handle these specific kinds of lawsuits. Please feel free to contact me.
Anthony DeWitt
The Winter Group PC
122 E. High Street
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