My wife had a horrible mistake made by her surgeon, where they did not correctly inform her of what she would expect after her elective surgery. Now because of this surgery she has several permanent health problems, and says she would not have done the surgery had the surgeon correctly informed her of what the potential risks were (since her reaction to the surgery apparently happens in about 50% of the paitents according to the research). This happened a few years ago, so we don't know if we could sue.
So how long after a medical mistake can someone file a lawsuit against their doctor? I'm assuming we are past the deadline
P.S. This is for the state of Missouri
davidmi711
Depends on the state and a couple of other factors. You can find the statutes of limitations here: http://www.statutes-of-limitations.com/
Worth an initial consult with a lawyer...
2 Years with Discovery Rule. Infant under 18 has until 20th birthday to bring action. Foreign object, within 2 years of discovery, maximum of 10 years from date of occurrence, or minor's 20th birthday.
Discovery Rule
SOL runs from date injury is, or should have been, discovered. See specific rules for medical malpractice actions.
HD
usually 1 year.
Orignal From: Q&A: How long after a medical mistake made by your doctor can you sue?
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