Medical malpractice claims are subject to specific time constraints known as statutes of limitation. These statutes dictate the timeframe within which a patient must file a lawsuit after alleged medical negligence has occurred. Each state sets its own rules, and understanding the distinctions is critical for patients and practitioners alike. This article explores the differences between the statutes of limitation for medical malpractice claims in Illinois and Missouri.
Overview of Statutes of Limitation
A statute of limitation is a law that sets the maximum time after an event within which legal proceedings may be initiated. In the context of medical malpractice, the "event" generally refers to the act of negligence that is the basis of the claim of malpractice. However, nuances such as discovery rules, tolling provisions, and special rules for minors or incapacitated individuals can significantly alter these timeframes.
Illinois: Two-Year Discovery Rule, Four-Year Statute of Repose
In Illinois, the statute of limitation for medical malpractice claims is governed by 735 ILCS 5/13-212.
Standard Limitation Period
- A lawsuit must be filed within two years from the date the patient knew or should have known of the injury caused by medical negligence.
- This is known as the discovery rule, and it allows for some flexibility if the harm from malpractice is not immediately evident. This is important, for example, in cases involving diagnostic errors where the error may not be known for some time.
Statute of Repose
- Regardless of discovery, all medical malpractice actions must be filed within four years from the date of the act or omission that allegedly caused the injury.
- This outer limit is called the statute of repose and acts as an absolute bar to filing, even if the injury was not discovered within that period.
Minors and Disabled Individuals
- For minors under age 18, a medical malpractice claim may be filed within eight years of the alleged act or omission, but in no event after the minor's 22nd birthday.
- If a person is under a legal disability (e.g., mental incapacity), the time period to file may be tolled until the disability is removed.
Missouri: Two-Year Rule, with Important Exceptions
Missouri's statute of limitation for medical malpractice claims is primarily governed by Mo. Rev. Stat. § 516.105.
Standard Limitation Period
- A claim must be filed within two years from the date of the alleged act of negligence.
- Unlike Illinois, Missouri generally does not follow a broad discovery rule, which means the clock begins running from the date the negligent act occurred—not when the injury was discovered.
Exceptions for Foreign Objects, Test Results, and Continuing Care
- Missouri does allow an exception to the two-year rule in cases involving foreign objects left in a patient's body. In these cases, the two-year limitations period begins to run from the date the patient knew or should have known of the foreign object.
- Missouri allows a second exception when medical provider fails to inform a patient of test results. When this exception applies, the two-year limitations period begins to run from the date the patient knew or should have known of the failure to inform.
- A third exception is recognized Missouri courts and called the continuing care exception. In these cases, where the patient continues to see the provider after the act of neglect, the two-year statute of limitations does not begin to run until the physician-patient relationship is terminated.
Minors and Incapacitated Persons
- For minors under the age of 18, Missouri allows medical malpractice claims to be filed until the minor turns 20 (effectively two years after reaching the age of majority).
- For individuals deemed mentally incapacitated, the statute may be tolled until the disability is removed.
Statute of Repose
- Missouri has a longer statute of repose than that in Illinois. Missouri's statute of repose requires that all claims of medical malpractice be brought within ten years of the provider's act of neglect.
Key Differences Between Illinois and Missouri
1. Discovery Rule Application
- Illinois applies a relatively broad discovery rule, which gives patients up to two years after discovering the injury to file, even if the injury is discovered well after the procedure.
- Missouri applies the discovery rule only in limited circumstances, such as when a foreign object is left inside the body.
2. Statute of Repose
- Illinois enforces a four-year statute of repose that bars all claims filed beyond four years of the negligent act, regardless of discovery.
- Missouri applies a much longer ten-year statute of repose, allowing for more flexibility in certain unique cases.
3. Minor Plaintiffs
- Illinois allows minors to file within eight years of the malpractice, as long as it occurs before age 22.
- Missouri allows minors to file up to the earlier of the age of 20 or ten years from the act of neglect.
Conclusion
Understanding the statutes of limitation in medical malpractice cases is crucial for protecting legal rights and ensuring timely access to justice. The differences between Illinois and Missouri highlight the importance of state-specific legal knowledge. Illinois provides more flexibility through its discovery rule, while Missouri maintains a stricter approach but allows targeted exceptions. Individuals who believe they may have a medical malpractice claim should consult a qualified attorney familiar with the laws of their state to avoid missing critical filing deadlines.