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Sep 12

Baker Sterchi Obtains Dismissal for Missouri Hospital

Baker Sterchi recently secured dismissal of all claims against a Missouri hospital client. The lawsuit arose from an admission to the hospital in December 2017; however, the plaintiff filed the lawsuit more than two years later.  The plaintiff alleged his numerous claims against the hospital were not related to healthcare, but instead arose out of fraud and other ordinary negligence subject to the five-year statute of limitations. 

The hospital moved to dismiss the petition, arguing that because the plaintiff’s claims were rooted in the provision of health care, they were subject to the two-year statute of limitations.  The hospital further argued the plaintiff could not circumvent Missouri’s two-year statute of limitations for medical malpractice claims by mischaracterizing his medical malpractice claim as a different cause of action. 

Following oral argument on the motion, the trial court agreed with our client’s position, ruling all of plaintiff’s claims of injury - regardless of how they were characterized - were “rooted in the provision of health care and medical negligence covered by the two-year statute of limitations and, therefore, time barred.”