How Long Do I Have to File a Medical Malpractice Lawsuit?


As a patient, you have the right to file a lawsuit if a doctor’s negligence results in your injuries. Ideally, as a patient, you want all the time in the world to recover from your injuries and pursue action on your own time, however, that’s not viable due to the statute of limitations.

The statute of limitations is a law in multiple states that establishes how long you have to file a lawsuit. This time limit was established to prevent the plaintiff from waiting an outrageous amount of time to file. The more severe the case is, the longer the statute of limitations may be. When it comes to medical malpractice, the statute gets more complex as it has multiple parts.

Kansas and Missouri Statute of Limitations

In the state of Kansas and Missouri, a plaintiff has two years to file a wrongful death lawsuit from the date of the actual injury or from the discovery of the injury. However, in Kansas there is an additional step to this as a plaintiff cannot wait more than 4 years after the malpractice happened. So even if you discovered that you were harmed at a later time, your right to file is gone.


In Missouri, your deadline to file could be paused. If in the case where a foreign object was left in the patient unknowingly for years, they can still file within a year after they discovered the object. The same goes if a healthcare provider negligently hid a mistake from the patient. As long as it’s within a year from the time it was discovered, your lawsuit is good.

Take Action

Medical malpractice lawsuits are complex, but they can be simpler with the proper legal guidance. If you believe you or a loved one has suffered at the hands of a negligent doctor, you should consult with a personal injury attorney immediately. The medical malpractice team here at DiPasquale Moore has the experience and strategy to navigate you through even the toughest of cases.

Give us a call today at (816) 888-7500 or fill out a form on our website for a free consultation.


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