Legal Question in Medical Malpractice in Missouri

Re: Retired Doctor

A side effect is not necessarily medical negligence. However, it may be that a product used during the procedure has failed or has caused you some injury. You need to have medical evaluation and treatment, but you probably need to seek legal consultation immediately.

Under Missouri law, you have only two years from the negligent act to bring a claim for medical negligence against a health care provider. If it has not been two years since the surgery, you should see an attorney immediately on the off chance that something your doctor did or failed to do caused your injury. That way your statute of limitations is not expired.

If it has been more than two years, then you need to get a medical opinion on what is causing your side effects. If it is a product that is causing your side effects (a defective insert, for example) you have five years in which to bring that claim.

As to whether a physician is still responsible for follow on care, he is responsible only so long as he remains in practice and continues to see patients. If he retires, he is no longer responsible for follow on care. You will need to see another physician.

However, simply because a physician retires does not mean that the physician is not liable if the physician did something improper. The physician should still be covered by the malpractice insurance that provided coverage during the period where he performed the procedure.

If you have any questions, it is a good idea to see an attorney in your area and obtain a consultation. Most attorneys provide consultations free of charge.

Good luck