Medical Malpractice Statute of Limitations in Missouri
Last verified 2026-07 · Source: RSMo § 516.105 ✓ verified · 3 sources
The deadline
2 years
from Date of the act of neglect complained of, under RSMo § 516.105.
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The deadline to file a medical malpractice claim in Missouri is 2 years, set by RSMo § 516.105. It starts running on Date of the act of neglect complained of. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Missouri Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | RSMo § 516.105 |
| Car Accident | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Credit Card Debt | 5 yrs | Mo. Rev. Stat. § 516.120(1) |
| Wrongful Death | 3 yrs | Mo. Rev. Stat. § 537.080; § 537.090; § 537.100 |
| Personal Injury | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Dog Bite | 5 yrs | Mo. Rev. Stat. § 273.036 |
| Slip and Fall | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Defamation | 2 yrs | Mo. Rev. Stat. § 516.140 |
| Breach of Contract | 10 yrs | Mo. Rev. Stat. § 516.110 |
| Medical Debt | 5 yrs | RSMo § 516.120 |
When the Clock Starts
In Missouri, the limitations period for medical malpractice claims generally begins on Date of the act of neglect complained of. Missouri does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Public hospitals and their employees are shielded by sovereign/official immunity with limited statutory waivers (RSMo § 537.600). Plaintiff must file an affidavit of qualified health care provider within 90 days of filing suit (RSMo § 538.225).
- Damage caps: Noneconomic damages are capped under RSMo § 538.210 and adjusted annually by 1.7%. For 2026: $481,493 for non-catastrophic personal injury; $842,614 for catastrophic personal injury or wrongful death.
SOL is 2 years from the negligent act (RSMo § 516.105). Absolute 10-year statute of repose bars all claims regardless of discovery, except for minors. Noneconomic damage caps use a fixed 1.7% annual increase from a $400,000/$700,000 base.
Source: RSMo § 516.105, official Missouri statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Missouri government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Missouri Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Missouri | 2 years | RSMo § 516.105 |
| Iowa | 2 yrs | Iowa Code § 614.1(9) |
| Illinois | 2 yrs | 735 ILCS 5/13-212(a) |
| Kentucky | 1 yr | KRS 413.140(1)(e), (2) |
| Tennessee | 1 yr | Tenn. Code Ann. § 29-26-116 |
| Arkansas | 2 yrs | Ark. Code § 16-114-203 |
| Oklahoma | 2 yrs | Okla. Stat. tit. 76, § 18 |
| Kansas | 2 yrs | K.S.A. 60-513(a)(7), (c) |
| Nebraska | 2 yrs | Neb. Rev. Stat. § 44-2828 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Missouri?
You have 2 years from Date of the act of neglect complained of, under RSMo § 516.105.
Can I still sue after 2 years in Missouri?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Missouri generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Public hospitals and their employees are shielded by sovereign/official immunity with limited statutory waivers (RSMo § 537.600). Plaintiff must file an affidavit of qualified health care provider within 90 days of filing suit (RSMo § 538.225).
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Sources
- Official RSMo § 516.105 — Statute of Limitations for Medical Malpractice (Missouri Revisor)
- Corroborating RSMo § 516.105 — Justia
- Corroborating Missouri Medical Malpractice Laws — Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Missouri attorney.