Medical Malpractice Attorneys and Lawyers

is there a statual limitation on a minor for medical malpractice lawsuit in Missouri?

my son's doctor accidently disceted the main artery in his heart when he was three. he has been on the list for a heart transplant and is now 12 years old. i hired an attorney and then later fired that attorney because i didnt think he had our best interest at heart, the case was dismissed without prejudice. now my son lives with his father and his father does not want to persue the case for him. can he hire a new attorney when he is 18 = or will his limitations run out?

Public Comments

1. Professional Malpractice: Medical malpractice, 2 years from the date of discovery of the act or omission giving rise to injury, to a maximum of ten years after the date of that act. It is to late...
2. Possibly. It's a complicated area because it depends on other factors too. There needs to be notice given and the party has to act in good faith which is always subjective. Generally a minor's statute of lmitations can toll until they reach the age of majority, but you need to talk to a lawyer about that because you don't want to wait if you can't. Different states have had different rulings based on the specifics of the case. You need to research "tolling." And again, speak to an attorney. One that will work for your son's best interests.
3. may i refer you to Dr. Peter James Timbers, a lawyer from WY, and my brother. he can only practice in WY and maybe NC, but he's brilliant. he'll give you some great advice! good luck! and God Bless!
4. If you care about your child, talk to an attoney who specializes in medical malpractice matters immediately. Maybe something can be done. Your idea that your son should wait 15 years before taking action on his own behalf is not a good one. Below is the statute you requested. However, only a licensed attorney can advise you with regards to the law. "Statutes of Limitations "A medical malpractice action may be brought within two years after the act or omission that forms the basis for the claim. Alternatively, it may be brought within six months after the claimant discovers or should have discovered the existence of the claim, so long as it is brought within six years after the act or omission. Mich. Comp. Laws Ann. §§ 600.5805(5) and 600.5838a (West 2000). The six-year statute of repose is constitutional. Sills v. Oakland General Hospital, 220 Mich. App. 303, 559 N.W.2d 348 (1996), cert. denied, 456 Mich. 908, 572 N.W.2d 661 (1997). It does not apply if the health care provider's fraud prevents discovery or the injury involves the claimant's reproductive system. Mich. Comp. Laws Ann. § 600.5838a (West 2000). Minors have the benefit of the foregoing rules. In addition, a minor's action may be brought any time before the minor's tenth birthday (or fifteenth birthday for injury to the reproductive system). Id. If a claimant is insane when his medical malpractice action accrues, he may bring an action up to one year after the disability is removed. Mich. Comp. Laws Ann. § 600.5851 (West 2000). An attoney must be consulted ASAP to persue the case if it can be done and find out what your son's rights are. I'm no lawyer; but, the idea of letting a lawsuit lie without action for 15 years is crazy. You will have terrible problems with a case that started when he was three and you want to let it wait until he's eighteen! That's crazy. There are probably other time limits that apply at this point, but this must be discussed with an attorney ASAP! I cannot understand your failure to act. By your description, a horrible act of negligence was committed when your son was three. He still suffers from it and may die from it. You fired the attoney who represented him and did nothing to protect your child's legal rights. Your child is waiting for a heart transplant but you did nothing. His father is too lazy to persue the case, so you want your son to wait until he's an adult so he can do what should have been done when he was three years old. This assumes he lives to be eighteen. Once again, I'm not an attorney, but the idea of making a three year old child wait until he's eighteen, so he can take responsibility for an act that was commited against him when he was three is very sad to put it mildly. May God bless and protect your son. I am not an attorney. Only a licensed attorney can give legal advise. The above should not be construed as legal advise.