Missouri Medical Malpractice Lawyer
Healthcare providers must perform their duties in compliance with medical community standards, but some professionals deviate and cause injury or even death to patients. According to a study by Johns Hopkins University, more than 250,000 people in the United States die annually from medical errors and negligence, making it the third most common cause of death.
If a patient can prove that a healthcare provider had failed to perform their duty and caused damage as a result, a medical negligence claim can be filed. Personal injury lawyers at the Injury Lawyer Team accept all cases on a contingency fee basis, meaning our services are free unless we win your medical malpractice case.
Contact our legal team and schedule a free case consultation with our Missouri medical malpractice attorney.
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Contact our Missouri medical malpractice lawyers to schedule a free consultation. All confidential or sensitive information shared with your Missouri medical malpractice lawyer remains private through an attorney-client relationship.
How Common is Medical Malpractice in the State of Missouri?
Becker’s Hospital Review reports that Missouri ranks 12th in the nation for medical malpractice lawsuits, with 28.8 cases per 100,000 residents.
A total of $66.9 million was paid out in medical malpractice settlements in Missouri in a recent year.
In Missouri, only a small percentage of medical malpractice cases result in a payout for the plaintiff, with just over $631 million paid out between 2009 and 2018.
Over the past decade, Missouri has seen over 14,000 medical malpractice cases, according to the National Practitioner Data Bank.
Commonly misdiagnosed conditions include cancer, infections, and vascular events. Prescription errors, particularly involving insulin and morphine, are also frequent.
Surgeons face the highest risk of malpractice suits.
Over 96.9% of successful medical malpractice claims are resolved out of court.
Additionally, 40% of physicians confess that their number of monthly patient care may lead to medical errors.
What is Medical Malpractice?
The National Institutes of Health (NIH) defines medical malpractice as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient”.
It occurs when a hospital, doctor, or healthcare professional causes harm to a patient through negligent actions or inactions.
Healthcare providers must adhere to established standards of care. If a patient is injured because a provider fails to meet these standards, the patient can pursue a claim to recover damages from the responsible party.
If you have received any improper medical treatment, suffered injuries, or faced the death of a loved one, which could be preventable, talk to Missouri medical malpractice lawyers.
What are Common Types of Medical Negligence Happening in Missouri?
Medical negligence or malpractice happens when there is a violation of established guidelines for medical care. If patients are facing a claim against medical professionals, they must seek a qualified medical malpractice attorney to recover fair compensation.
Here are some types of medical malpractice claims that are common in Missouri:
Misdiagnosis or Delayed Diagnosis
When a healthcare provider fails to diagnose a medical condition correctly or within a reasonable time frame, potentially leading to worsening health or death. Misdiagnosis contributes to 40,000 to 80,000 hospital deaths annually and is involved in 80,000 to 160,000 serious health harm cases.
Surgical Errors
Mistakes a surgeon makes during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary injury to the patient. Worldwide, over 200 million surgical procedures are performed annually, with the United States experiencing approximately 4,000 surgical errors each year.
Medication Errors
Errors involving the prescription, dosage, or administration of medications by the physician, including giving the wrong medication, incorrect dosage, or harmful drug interactions.
Birth Injuries
When the doctor causes harm to a baby or mother during labor and delivery, such as oxygen deprivation, nerve damage, or use of excessive force during delivery.
Anesthesia Errors
Mistakes involving the administration of anesthesia, such as incorrect dosage, failure to monitor the patient, or adverse reactions to the anesthetic.
Hospital-Acquired Infections
Infections contracted during a hospital stay due to unsanitary conditions, inadequate sterilization practices, or lack of proper infection control protocols.
Failure to Obtain Informed Consent
When a healthcare provider fails to inform the patient of the risks, benefits, and alternatives of a medical procedure, leading to harm if the patient is not fully informed.
Improper Treatment
Providing inappropriate treatment for a patient’s condition, including unnecessary surgeries, overmedication, or failing to provide standard care.
Failure to Monitor or Follow Up
Neglecting to monitor a patient’s condition after treatment or failing to follow up with the patient, can result in complications or missed diagnoses.
These types of Missouri medical malpractice claims can have significant consequences for patients and their families. Seek legal advice from an experienced medical negligence lawyer if you believe you have received inappropriate treatment.
How to File a Successful Medical Malpractice Claim in Missouri?
Proving medical malpractice needs you to show there was a doctor-patient relationship and the doctor provided substandard care which caused your injuries. Your case must meet specific conditions to pursue a medical malpractice case against a doctor, nurse, hospital, or other medical professionals.
For a successful claim, your Missouri medical malpractice lawyer must prove the following key points:
- Duty of Care: Establish a doctor-patient relationship, demonstrating that the medical provider was responsible for your care and agreed to treat you.
- Breach of Duty: Show that the provider failed to meet the accepted medical standard of care expected within their specialty, leading to negligence.
- Causation: Provide evidence that the provider’s negligence directly caused your injuries and that the harm would not have occurred without the medical provider’s actions.
- Damages: Demonstrate the harm you suffered, such as physical or emotional injury, loss of income, medical bills, pain and suffering, or other tangible losses.
Medical Malpractice Statute of Limitations in Missouri
Missouri Statute 516.105 establishes the time limits for individuals to file a Medical Malpractice Claim in Missouri. The Missouri statute of limitations in medical malpractice is two years from the date of injury. Improper or untimely filing of claims leads to dismissal of your medical malpractice case.
However, there are some exceptions to this statute of limitations for medical malpractice cases in Missouri:
- If a foreign object is left inside a patient, the claim must be filed within two years of discovery or when it should have been discovered.
- If the physician failed to inform the patient of test results, the claim must be filed within two years of discovery or when it should have been discovered.
- For patients under 18, they can file a claim until their 20th birthday.
- In cases of death, a wrongful death claim must be filed within three years from the date of death.
Consult with our experienced medical malpractice attorney for a free case evaluation to determine the applicable statute of limitations in your case.
Missouri Damage Caps for Medical Malpractice Cases
Missouri enforces limits on non-economic damages in medical malpractice cases. In 2015, Senate Bill 239 set caps at $400,000 for personal injuries and $700,000 for catastrophic injuries. Damage caps help control insurance premiums. The caps increase annually by 1.7% to account for inflation. As of 2022, the caps rose to $450,098 and $787,671, respectively.
Catastrophic injuries involve long-term, severe symptoms that the victim may never fully recover from. Non-catastrophic injuries, on the other hand, are those from which the victim is expected to make a full recovery.
Consult St. Louis medical malpractice lawyers to understand how these damage caps may affect your case.
Handling a Wrongful Death Case As a Result of Medical Negligence
Unfortunately, sometimes a healthcare provider’s negligence leads to the death of a patient. In such a situation, the deceased’s family or loved ones can choose to file a wrongful death lawsuit against the responsible. These medical negligence cases may involve multiple parties, such as hospitals, doctors, nurses, surgeons, pharmacists, and insurance companies.
In Missouri, a wrongful death claim can be filed by the personal representative of the deceased’s estate, either named in the will or appointed by the court. This claim allows surviving family members, such as the spouse and children, to seek compensation for medical expenses, funeral costs, lost income, and loss of companionship.
Talk to medical malpractice lawyers to effectively file a wrongful death claim and seek justice for your loved one’s passing.
What Compensation Can Be Received for Medical Malpractice Injuries in Missouri
If you have been injured due to medical malpractice, you have the right to seek compensation for your injuries.
Data from the National Practitioner Data Bank’s Data Analysis Tool from 2022 through September 2023 reveals that most medical negligence claims in Missouri ranged from $100,000 to $249,000 (99 out of 356 reports). Nevertheless, 69 out of 356 reports involved higher payouts between $250,000 and $499,999. Rarely, six cases resulted in settlements of $2 million or more.
A medical malpractice claim includes both economic and non-economic damages.
Economic Damages
These are quantifiable financial losses you may have experienced, such as:
- Current and future medical bills related to your injuries.
- Lost wages, including loss of future earning capacity.
- Rehabilitation and therapy costs.
- Ongoing care and support for long-term injuries.
- Medication costs.
- Home or vehicle modifications for disabilities.
Non-Economic Damages
These represent non-monetary harm and can be harder to measure, such as:
- Pain and suffering from your injuries.
- Emotional distress and trauma.
- Loss of enjoyment of life or quality of life.
- Disfigurement or physical impairment.
- Loss of companionship or consortium.
Seek advice from experienced medical malpractice lawyers to understand your rights and potential compensation.
Schedule a Free Case Evaluation With a Missouri Medical Malpractice Attorney
Did you or a loved one suffer a preventable injury or death because of medical malpractice? If so, the experienced medical malpractice attorneys will help you initiate the duty legal action and seek maximum compensation.
The Injury Lawyers Team, sponsored by Rosenfeld Law Offices, has skilled medical negligence lawyers who handle all types of medical malpractice claims, including misdiagnoses medication errors, surgery errors, birth injuries, infections, and more.
Contact our law firm today at (888) 424-5757 to schedule a free consultation. All confidential or sensitive information of your personal injury case will remain private under an attorney-client relationship.