To protect you from COVID-19, we are offering a quick and easy remote intake process by telephone or video chat. Call us at 314-241-1020. Learn More

Posted on November 14, 2019 by

Court Dismisses Wrongful Death Suit Against Health Center: What Malpractice Suit Prosecutors Should

There are many wrongful death lawsuits that are filed in St. Louis, and of course, many more in the State of Missouri. But when those cases are filed, the prosecutors need to be extremely mindful about many different factors. Let's take a look at one case in particular, which ended up being dismissed by the court

Wrongful Death Lawsuit Dismissed

The plaintiffs in the case alleged that their mother died because of injuries she suffered during a laparoscopic hysterectomy. The judge found that there were two problems with the lawsuit. 

The first problem was that the case did not meet the requirements under the Federal Tort Claims Act, or the FTCA. This law allows people to sue the federal government and its employees, but only under certain conditions.

The second problem was that the statute of limitations for a wrongful death lawsuit – which is two years – was expired. The judge dismissed the claim with prejudice, which means it can never be brought to court again. 

What to Know About Hiring St. Louis Wrongful Death Attorneys

Experienced St. Louis wrongful death attorneys know the details of the law. They understand the statute of limitations, and they advise their clients accordingly. This case may have been better qualified under the FTCA under different legal counsel. 

If you believe you have a wrongful death case, we would like to talk with you. We can help. Contact us.