In Missouri, most medical malpractice cases take 2 to 3 years to settle. If your case goes to trial, it can take up to 4 years. Highly complex cases, such as those involving severe, lifelong injuries, can take 5 to 15 years. You generally have two years from the date of the medical error to file your lawsuit.
After expecting to be healed, but finding yourself in more pain, it is completely normal to wonder, how long do medical malpractice cases take in Missouri. This guide breaks down the medical malpractice lawsuit timeline. You will learn exactly what happens from the moment you hire a lawyer to the day you receive your money.
Missouri Medical Malpractice Timeline Key Takeaways
- Missouri medical malpractice cases often involve lengthy investigations, including collecting medical records and obtaining an expert affidavit confirming the provider may have violated the standard of care.
- Missouri law generally gives victims two years to file a medical malpractice lawsuit, making early action important to preserve a claim.
- The discovery phase is usually the longest stage of the case, involving document exchanges, depositions, expert testimony, and settlement negotiations.
- Most medical malpractice claims settle before trial, but cases that proceed to court can take significantly longer and may involve appeals after a verdict.
- Several factors can extend the timeline, including severe injuries, multiple defendants, complex medical issues, and delays caused by crowded court schedules.
Timeline for Missouri Medical Malpractice Lawsuits
There are numerous types of med mal cases, including:
The circumstances of your case will affect the timeline of your lawsuit. In many cases, there can be numerous parties at fault, strict deadlines you must meet, and other factors you may not even know about.
Here is a general outline of how your Missouri med mal claim will play out:
Step 1. Gathering Evidence and Building Your Case
First, your lawyer will gather your complete medical history. Proving a medical error requires a full picture of your health, which means requesting your medical records from every hospital and clinic involved.
This process can take several months, as healthcare providers are often slow to respond and may send thousands of pages of complex and even unnecessary documents. Your legal attorney will carefully review every medical record to pinpoint the exact moment the mistake occurred.
Next, Missouri law requires an "affidavit of merit" to proceed with a lawsuit. This is a sworn statement from a qualified expert witness, another medical professional, who has reviewed your case and confirms that your original healthcare provider failed to meet the standard of care.
Finding and retaining the right expert is a critical step that your lawyer will handle with care. According to Missouri Revised Statutes Section 538.225, this affidavit must be filed within 90 days of filing the lawsuit.
Step 2. Discovery and Negotiations
Once the lawsuit is officially filed, the pre-trial phase begins. This is typically the longest part of the timeline, often taking months or even years.
You must be aware of the strict deadlines involved. In Missouri, the law sets a firm time limit for filing a medical malpractice lawsuit. According to Missouri Revised Statutes Section 516.105, you generally have two years from the date of the medical error to file your lawsuit. If you miss this deadline, you lose your right to seek compensation.
This phase includes "discovery," a formal process where both sides exchange information. Your attorney and the defendant will send written questions, demand documents like emails and hospital policies, and conduct depositions.
A deposition is a formal interview where you, the doctor, nurses, and expert witnesses answer questions under oath. Scheduling these can be time-consuming due to the busy schedules of those involved.
Most medical malpractice cases do not go to trial. Most end with victims receiving settlements. However, if a fair settlement cannot be reached, your case can go to trial.
Step 3. Going to Court
If the insurance company refuses to offer a fair settlement, your legal team will be prepared to take your case to trial. This step will significantly extend the timeline. Preparing for trial means your attorneys will organize all evidence, prepare exhibits for the jury, and plan their questioning of witnesses.
A medical malpractice trial in Missouri typically lasts one to three weeks. It involves jury selection, opening statements, presentation of evidence, and closing arguments. Your lawyer will call expert witnesses to explain how you were harmed, while the defense will argue they did nothing wrong.
If the jury rules in your favor, they will determine the amount of compensation you are owed. However, the legal battle may not be over. The losing side has the right to appeal the decision, which can add another year or more to the process.
If the jury does not rule in your favor, you may appeal the decision.
Step 4. Receiving Your Compensation
After winning your case or agreeing to a settlement, the final step is receiving your money.
The insurance company must first process the paperwork and issue the settlement check, which can take several weeks. Once your lawyer receives the funds, they will handle paying any outstanding medical liens and other fees from the total amount. The remaining compensation is then given to you.
What Factors Can Extend the Timeline?
Every medical malpractice case is unique. Here are common factors that can make your case take longer:
- Complexity of Injuries: Cases involving severe harm, like permanent brain damage or birth injuries, require extensive medical evidence and expert testimony to calculate the need for lifelong care. Similarly, claims related to surgical errors or wrongful death are highly complex and demand a thorough investigation.
- Multiple Defendants: If more than one party is at fault, such as a doctor, a nurse, and the hospital, the case becomes more complicated. For example, if you received the wrong medication, the claim may involve the prescribing doctor and the filling pharmacist.
- Court Backlog: Sometimes, delays are simply due to a busy court system. A judge's packed schedule can push back hearing and trial dates, forcing you to wait your turn.
Learn More: Why is Medication Recalled?
Missouri Med Mal Timeline FAQs
What is the deadline to sue a doctor in Missouri?
In Missouri, you generally have two years from the date the medical mistake happened to file a lawsuit.
Is it better to settle out of court or go to trial?
Settling out of court is usually faster and less stressful. It guarantees you will receive a specific amount of money. Going to trial is risky because a jury might decide against you. However, if the insurance company offers a terribly low settlement, going to trial might be the only way to force them to pay what is fair.
Will I have to speak in court?
If your case goes to trial, you will likely need to testify. You will explain to the jury exactly how the medical mistake changed your life. Your lawyer will practice with you beforehand so you feel prepared and confident. If your case settles out of court, you will never have to step foot in front of a judge.
How much does it cost to start a lawsuit?
Most personal injury law firms do not charge you any upfront fees to start your case. They use a contingency fee agreement. The law firm pays for the investigations, court filing fees, and expert doctors. They only collect their fee as a percentage of your final settlement or trial win.
Turn to DM Injury Law for Trusted Guidance
Medical mistakes destroy trust. They leave families broken, confused, and struggling to pay for basic needs. Insurance companies know you are hurting. They will try to use your fear against you. They will try to pay you as little as possible to make you go away. You deserve better. You deserve a team that will stand up to massive hospitals and demand total justice.
At DM Injury Law, we understand how emotionally exhausting and financially burdening it can be to recover from a serious medical injury. As you focus on your physical and emotional recovery, we will focus on the recovery of your losses.
Our firm is proud to serve communities across Missouri. We offer completely free, no-risk consultations to help you understand your legal options.
Reach out to one of our local offices today:
- Kansas City medical malpractice attorneys
- St. Louis medical malpractice attorneys
- Columbia medical malpractice attorneys
- Blue Springs injury attorneys
Contact DM Injury Law today to find out if your case is eligible for legal action. We offer FREE consultations, and you PAY NOTHING upfront or out of pocket. Schedule your risk-free meeting today.
