Ross v. Kansas City General Hospital & Medical Center

SEILER, Judge.

This case involves the question of the validity of § 516.105 RSMo 1978 which, stated generally, requires actions for malpractice to be brought within two years of the negligent act, except when the negligence involves leaving a foreign object in the body, in which case the action must be brought within two years of the date of discovery. 1

Plaintiffs contend this difference in treatment as to when an action must be brought between those who are unable to discover the negligent act in cases not involving foreign objects and those who are unable to discover the negligent act of…