Missouri’s Approach to Medical Malpractice Claims Involving Children

Missouri, like many states, recognizes the unique challenges associated with medical malpractice claims involving children. These claims often require special consideration due to the vulnerable nature of minors and the complexities of pediatric medical care. Understanding Missouri’s approach can help parents navigate this sensitive legal landscape more effectively.

In Missouri, medical malpractice occurs when a healthcare provider fails to provide the standard of care expected in the medical community, resulting in injury or harm to a patient. When the patient is a child, the factors that come into play can differ significantly from claims involving adults.

Standard of Care

In medical malpractice cases, the standard of care is generally defined as what a reasonably competent medical professional would do under similar circumstances. In cases involving children, determining the appropriate standard of care can be more complex. Pediatric medical specialists are expected to adhere to a higher standard given their training and experience in treating young patients.

Statute of Limitations

Missouri has specific statutes of limitations that govern how long individuals have to file a medical malpractice claim. Typically, the limit for adults is two years from the date of the alleged malpractice. However, for claims involving minors, Missouri allows for a more lenient approach. Parents or guardians can file a claim on behalf of a child before the child reaches the age of 18, allowing them to pursue claims until the child turns 20. This extension is crucial as children may not fully understand their rights or the implications of medical negligence until they are older.

Affidavit Requirement

Missouri law requires that plaintiffs in medical malpractice cases submit an affidavit from a qualified medical expert. This affidavit must state that the medical professional allegedly at fault did not adhere to the accepted standard of care. In cases involving children, the expert must also have experience dealing with pediatric care. This requirement ensures that the claims are backed by credible evidence, which is essential for the litigation process.

Recovery Options

The damages awarded in medical malpractice cases can cover a variety of losses, including medical expenses, pain and suffering, and long-term care needs. In Missouri, damages for medical malpractice claims may also be subject to certain caps, depending on the situation. However, the unique challenges of childhood injuries may lead to higher potential awards, especially if the malpractice results in lifelong consequences for the child.

Challenges in Pursuing Claims

Pursuing a medical malpractice claim involving a child presents several challenges. Medical records, expert testimonies, and medical opinions must be meticulously gathered and presented. Furthermore, attorneys specializing in medical malpractice must be able to convey the long-term implications of injuries sustained in childhood, which can be complex given that children have different development trajectories compared to adults.

Conclusion

Navigating medical malpractice claims involving children in Missouri requires a nuanced understanding of both legal and medical landscapes. Parents seeking to uphold their child's rights in the face of medical negligence must be informed about the statute of limitations, required affidavits, and potential recovery options. Engaging with experienced legal professionals can provide the necessary support to ensure that a child’s future well-being is adequately protected.