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Statute of Limitations

Missouri - 516.105. Actions against health care providers (medical malpractice)

All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, and any other entity providing health care services and all employees of any of the foregoing acting in the course and scope of their employment, for damages for malpractice, negligence, error or mistake related to health care shall be brought within two years from the date of occurrence of the act of neglect complained of, except that:

(1) In cases in which the act of neglect complained of is introducing and negligently permitting any foreign object to remain within the body of a living person, the action shall be brought within two years from the date of the discovery of such alleged negligence, or from the date on which the patient in the exercise of ordinary care should have discovered such alleged negligence, whichever date first occurs; and

(2) In cases in which the act of neglect complained of is the negligent failure to inform the patient of the results of medical tests, the action for failure to inform shall be brought within two years from the date of the discovery of such alleged negligent failure to inform, or from the date on which the patient in the exercise of ordinary care should have discovered such alleged negligent failure to inform, whichever date first occurs; except that, no such action shall be brought for any negligent failure to inform about the results of medical tests performed more than two years before August 28, 1999; and

(3) In cases in which the person bringing the action is a minor less than eighteen years of age, such minor shall have until his or her twentieth birthday to bring such action.

In no event shall any action for damages for malpractice, error, or mistake be commenced after the expiration of ten years from the date of the act of neglect complained of or for ten years from a minor's twentieth birthday, whichever is later.

CREDIT(S)

(L.1976, p. 767, 2. Amended by L.1999, H.B. No. 274, A.)

HISTORICAL AND STATUTORY NOTES

1999 Legislation

L.1999, H.B. No. 274, A, at the end of the introductory clause, deleted "a minor under the full age of ten years shall have until his twelfth birthday to bring action, and except that"; inserted the subsection designations; substituted "is" for "its" before "introducing" and substituted "and" for "but" at the end of subsec. (1); added subsecs. (2) and (3); and, in the last sentence, inserted "or for ten years from a minor's twentieth birthday, whichever is later".

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