When it comes to pursuing legal action for harm caused by medical negligence or nursing home abuse, timing is critical. The statute of limitations—a legal deadline by which a lawsuit must be filed—plays a pivotal role in determining whether a claim can proceed in court. In Missouri, the statutes of limitations for medical malpractice and nursing home abuse cases share similarities but also contain important distinctions. Understanding these differences is vital for anyone considering legal action in either context.
Medical Malpractice Statute of Limitations in Missouri
Medical malpractice claims in Missouri are governed primarily by Section 516.105 of the Revised Statutes of Missouri (RSMo). This statute sets the general deadline for filing such claims at two years from the date of the alleged act of negligence.
However, there are key exceptions and nuances:
- Discovery Rule: Missouri has a limited discovery rule for two specific circumstances: a foreign object negligently left in a patient's body and the negligent failure to inform a patient of test results. In these types of cases the two-year clock may start from the date the injury is discovered or reasonably should have been discovered.
- Minors: If the injured party is a minor (under age 18), the statute of limitations is tolled until the minor turns 18. However, the lawsuit must still be filed before the person turns 20, effectively giving them until their 20th birthday to pursue a claim.
- Continuing care: Often times when a patient suffers a complication, he or she continues to be followed by the same physician for a period of time before realizing there may have been negligence. In these situations, the two year statute of limitations may not start to run until the relationship with the physician ends.
- Statute of Repose: Regardless of the discovery rule, no medical malpractice lawsuit can be filed more than 10 years after the date of the alleged act of negligence. This serves as an absolute time bar, even if the injury was not discovered until much later.
- Wrongful Death: If a patient dies as a result of medical malpractice, the claim is governed by Missouri's wrongful death statute, Section 537.100 RSMo, which allows the lawsuit to be filed within three years of the date of death.
Nursing Home Abuse and Neglect Statutes of Limitations
Nursing home abuse and neglect cases are more varied in terms of legal classification. Depending on the facts, these cases can involve multiple legal theories, including:
- Personal injury (negligence)
- Medical malpractice
- Breach of fiduciary duty
- Fraud
- Wrongful death
As a result, the statute of limitations may differ depending on the nature of the claim. The most commonly applicable limitations periods include:
- Medical Malpractice in a Nursing Home: Under Missouri law, most claims against nursing homes for an illness or injury will be treated the same as a medical malpractice claim for statute of limitations purposes. This includes falls, bed sores, medication errors, dehydration, and others. These cases will fall under the two-year limitations period of Section 516.105 RSMo.
- Wrongful Death: As with medical malpractice, wrongful death claims related to nursing home abuse must be filed within three years of the date of death (Section 537.100 RSMo).
- Corporate Negligence: Oftentimes, the true reason for neglect in a nursing home is the decisions of the owners to place profits over residents. When a provider neglects a resident in a nursing home, it is likely because the facility was understaffed or the nurse was not properly trained. These claims, which do not arise directly from the provision of medical care by a licensed professional, may be subject to a five-year time limit.
- Intentional Torts and Fraud: If the claim involves intentional abuse, assault, or financial exploitation, the statute of limitations can vary but may fall under the five-year limit or other provisions, such as Section 516.120 or Section 516.130 RSMo, depending on the specific cause of action.
Why Are There Differences?
The differences in statutes of limitations stem from the nature of the legal claims involved. Medical malpractice cases are typically treated as professional negligence, warranting a shorter filing period due to the need to preserve evidence and protect healthcare providers from indefinite liability.
On the other hand, nursing home abuse cases may involve a broader range of conduct, including non-medical care and intentional wrongdoing. For example, the facility owner's failure to provide sufficient staff or implement appropriate policies for the protection of residents do not involve medical decisionmaking. Consequently, the five-year statute under Section 516.120 applies to such claims.
Additionally, claims involving physical or sexual abuse, or financial exploitation, may rise to the level of criminal conduct, which can influence both civil statutes of limitations and the availability of additional remedies.
Practical Considerations for Plaintiffs
Because multiple statutes of limitations could potentially apply to nursing home-related claims, plaintiffs and their attorneys must carefully evaluate the facts of each case. A single incident may involve overlapping theories of liability. For example, the same set of facts may support a medical malpractice claim and a corporate negligence claim. In such cases, courts may apply the shorter two-year period if the core allegations involve medical judgment or treatment.
Plaintiffs should not delay in taking action. Even if a longer statute appears to apply, early investigation is essential to preserve evidence, obtain witness testimony, and secure medical records. Consulting an attorney with experience in elder law and medical negligence can ensure that the proper claims are asserted within the appropriate deadlines.
Conclusion
While there is overlap between medical malpractice and nursing home abuse cases in Missouri, the statutes of limitations are not always the same. Medical malpractice claims generally must be filed within two years, while nursing home abuse claims may fall under a five-year limit, depending on the nature of the alleged conduct. Wrongful death claims have a three-year deadline regardless of the context. Understanding which statute applies is essential to safeguarding the right to seek justice. Anyone concerned about missed deadlines should promptly seek legal advice to determine the best course of action.