Bringing a medical malpractice case to court is a complicated undertaking in most states, especially when compared with other types of civil claims. This is partly due to the medical and legal issues inherent to these kinds of cases, and to the fact that a medical malpractice lawsuit often involves the introduction of extensive treatment records and the in-depth testimony of numerous medical experts.
But it's also because in most states, Missouri included, the plaintiff (the person bringing the lawsuit) must comply with certain procedural rules right at the outset (in addition to filing the complaint, which sets out the allegations against the defendant health care provider). These safeguards have been put in place as part of tort reform efforts, which seek to discourage the filing of frivolous injury-related lawsuits. In this article, we'll summarize one of the most important of these rules in Missouri, the "affidavit of a qualified health care provider" requirement, so you can make sure your medical malpractice claim is successful.
The "Affidavit of Qualified Health Care Provider" in Missouri Medical Malpractice Lawsuits
This requirement is spelled out at Missouri Revised Statutes section 538.225, which says that in any medical malpractice action against a doctor, hospital, or other health care provider, alleging injury or death, the plaintiff (or the plaintiff's attorney) must file with the court an affidavit stating that the plaintiff has obtained a written opinion of a "legally qualified health care provider" in which that provider states that:
- in treating the plaintiff, the defendant (the health care provider being sued) failed to provide the level of care that a "reasonably prudent and careful health care provider would have under similar circumstances," and
- this failure caused or contributed to the harm alleged by the plaintiff in the lawsuit.
Section 538.225 says that this affidavit must be filed within 90 days of the date on which the plaintiff's medical malpractice lawsuit is filed with the court (although if the plaintiff shows "good cause" for an extension, one will be granted, but not beyond an additional 90 days).
If you think you have a medical malpractice case in Missouri but you fail to file a compliant and timely affidavit, that could result in the dismissal of your medical malpractice lawsuit.
Who is a "Legally Qualified Health Care Provider" Under Missouri Medical Malpractice Law?
According to section 538.225, a "legally qualified health care provider" is one who is licensed to practice medicine (in Missouri or any other state) in the same field or area of expertise as the defendant health care provider, and who is either actively practicing medicine, or has retired from the practice of medicine within the last five years, in "substantially the same specialty as the defendant." So, an experienced vascular surgeon licensed to practice in Missouri (or in another state, for that matter) would almost surely be considered a "legally qualified health care provider" in a medical malpractice lawsuit filed over an error that allegedly occurred during the plaintiff's heart surgery.
Learn more about how to prove medical malpractice.
More Information on Missouri Medical Malpractice Cases
A medical malpractice plaintiff also needs to understand (and be in compliance with) the Missouri medical malpractice statute of limitations, which sets a strict deadline on an injured patient's right to have a court consider this kind of case.
For more details on this affidavit requirement and anything else related to the filing of a Missouri medical malpractice case—and of course, for legal advice that's tailored to your specific situation—get in touch with an experienced medical malpractice attorney.