Missouri Statutes of Limitations For Minors Clarified by Recent

Batek Ruling

After the age of majority is reached, the full period of limitations is allowed. The statutory exception to this general rule involves cases against health care providers. In passing Mo. Rev. Stat. § 516.105, the legislature attempted to limit the period of limitations in actions against health care providers to a maximum of 10 years, even for persons under legal disabilities, including minors. In Strahler v. St. Luke's Hospital, 706 S.W.2d 7 (Mo. banc. 1986), the court held that Mo. Rev. Stat. § 516.105 was unconstitutional as it pertained to minors. Many attorneys then assumed that the "general" tolling statute, § 516.170, which tolls most statutes of limitations until an individual turns 21 years old, would apply to minors bringing medical malpractice actions. The problem was that § 516.170 is still on the books and specifically excludes § 516.105 from its

scope, which left the question of whether the disability is lifted at age 18 or age 21. In Batek v. Curators of the University of Missouri, 1996 Westlaw 196595 (April 25, 1996), the Missouri Supreme Court resolved the issue. The Batek court accepted the reasoning of the Eastern District Appellate Court in Miguel v. Lahman, 902 S.W.2d 327, 328 (Mo. App. 1995). The Miguel court held that medical malpractice actions brought by individuals over 18 years of age are not tolled by the provisions of § 516.170. Rather, the statute of limitations for a minor bringing a medical malpractice action is tolled only until the minor turns 18 years old. Therefore, the general rule is that the statute of limitations does not begin to run until age 21; but in actions against health care providers, the statute of limitations begins to run at age 18.