Lost chance of survival lawsuits in Missouri
Missouri lost chance of survival actions are personal injury actions and must be brought by the personal representative, or a plaintiff ad litem. State ex rel. Tang v. Steelman, 897 S.W.2d 202 (Mo.App.S.D. 1995). Claims may be made for medical malpractice lost chance of survival actions in Missouri. Wollen v. DePaul Health Center, 828 S.W.2d 681, 685 (Mo.banc. 1992).
In a Missouri lost chance of survival action the harm is the loss of the chance of recovery. The plaintiff must prove that a "statistically significant" chance of survival or recovery was lost.
Damages in lost chance of survival lawsuits in Kansas City, Independence, or elsewhere in Missouri
Once liability has been determined damages are calculated by multiplying the value of a lost life by the chance of recovery lost. V.A.M.S. 516.105.
Statute of limitations in Missouri lost chance of survival claims
A two-year statute of limitations applies to lost chance of survival cases in Missouri.
The statute begins to run on the date that the negligence occurred, or on the date that the occurrence was complained of. This is the case in instances of medical malpractice where the injury is not noticeable until the Plaintiff experiences some pain. Caldwell v. Lester E. Cox Medical Center South, 943 S.W.2d 5 (Mo.App.S.D.1997).
Please note that this statute of limitations is different than the statute of limitation for a wrongful death case which must be commenced within three years of the date of death. Baumgartel v. American Family Mut. Ins. Co . 29 S.W.3d 416 (Mo.App.E.D.2000).