How long do you have to file a malpractice lawsuit in the state of Missouri and would it matter it you ended up with brain damag

Asked 9 months ago - Farmington, MO

Was suffering for several yr's with Migranes, had never had them before. a couple yr's before I had a ruptured brain annurysim, my dr ordered a brain scan. I went and had it done. 2 wks later I called his office and asked about the results, his head nurse said she thought she saw it come through but would have to find it, then called me back and said she couldn't find it, they never found it and never followed up on it. Shortly after that I lost my insurance and could no longer afford to go to his office for the pain shots for the migraines, so I just suffered thru them. Then about 2 or 3 yrs later I had a brain annurysim rupture, left me with short term memory loss, brain damage and terrible eye damage. When I got out of the hospital I went back to the same Dr. and he was so nice. not now

Attorney answers (7)

  1. Mark Dean

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . The statute is 2 years. Under your facts it may fall under an exception (in cases of negligent failure to inform the patient of the results of medical tests, such action shall be brought within two years from the date of the discovery of the alleged negligent failure to inform or from the date you reasonably should have known of the failure to inform). In any case, you are likely near or past the time. Set up a meeting asap with a medical malpractice attorney.

    The contents of this post do not establish an attorney-client relationship. Any comments made in this post are... more
  2. Jason Todd Studinski

    Contributor Level 20

    7

    Lawyers agree

    Answered . I am so sorry to hear about your situation. I would strongly urge you to consult with a Missouri lawyer to investigate your claims and to advise you on the statute of limitations. The medical malpractice statute can vary from jurisdiction to jurisdiction. Also, some jurisdictions to allow for the extension of the SOL during periods of incapacity, etc...So, it would be best to consult with a MO medical malpractice lawyer to evaluate. Good luck.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You can have a local malpractice lawyer investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

    Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)
  4. C. Donald Briggs III

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Two years but there could be exceptions to this limit. You need to consult ASAP with an experienced medical malpractice lawyer who can evaluate your case and give you your best options.

  5. Josh P Tolin

    Contributor Level 19

    4

    Lawyers agree

    Answered . As you have seen from other answers, it is a two year statute, but there are exceptions to it. There is some case law in Missouri where a pathology report did not get transmitted and is very similar to your question and issue, and the Court ruled that under that scenario that the statute it was two years from the date of discovery. I would set up an appointment with an experienced malpractice attorney asap. Good luck to you.

  6. John M O'Brien

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . Normally the statue of limitation would be two years but there are exceptions to it. You need to consult with a local medical malpractice attorney and investigate and review your case.

  7. David A. Papa

    Contributor Level 16

    4

    Lawyers agree

    Answered . Seek a free consultation from a medical malpractice attorney ASAP. Use the "Find a Lawyer" tool bar to select one or two attorney's to speak to. Make sure the attorney you chose has experience in these matters.

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