All Questions

October 22, 2019 | Gary Burger

Do I Have a Medical Malpractice Claim?

We trust the doctors know what they are doing and that they have our best interests in mind when they treat our ailments or injuries. But what happens when a doctor doesn't provide excellent care? What happens if you disagree with a doctors diagnoses? If the doctor doesn't agree with you, or acts unprofessionally towards you, is that medical malpractice? What exactly constitutes medical malpractice? How do you know whether or not you have an actual medical malpractice claim?

In this FAQ, we're going to explore what constitutes as medical malpractice, and what doesn't. It's important to know the difference between a doctor being rude or disagreeing with you, and what medical malpractice actually is, such as a botched surgery or a wrong diagnoses surgery. If you believe you've been given a standard of medical care far below the standard level of medical care, you may have a malpractice case. Our Personal Injury Lawyers in St. Louis take these claims extremely seriously, and we can help you with your malpractice claim. To speak with our lawyers immediately, fill out the contact form on this page or call 314-542-2222 or 618-272-2222.

Do I have a Medical Malpractice Claim?

Personal Injury Lawyer St. Louis

To start off this FAQ, we're going to define what medical malpractice is. Medical Malpractice as defined by the ABPLA is, "Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management."

To Further define what exactly medical malpractice is, we have Missouri Statute 516.105. which details the actions that can be brought against a health provider in the event of a medical malpractice claim.

So now that we know what medical malpractice entails, and what can be pursued in the event of medical malpractice, what are the cases where it wouldn't apply?

If the doctor is rude to you, or the experience you have with the doctor is unpleasant, that doesn't constitute medical malpractice. While the behavior is very unprofessional, it doesn't mean that they've legally caused you any harm. Further, if you have a pre-existing condition and the doctor treats the condition but doesn't treat it at the most optimum level, that also doesn't constitute medical malpractice.

Another example can be drawn from cosmetic surgery. Whenever someone is getting plastic surgery, corrective surgery, or any other type of cosmetic enhancement, there is always a chance that the operation may not perfectly fit to your desire. There may be scaring, something make not look right, or the doctor may not have had the level of skill that you assumed they did. Once again, unless the doctor provided a grossly negligent level of care, these examples cannot be considered medical malpractice. Malpractice involves a deviation from the normal standard of care, and the deviation must cause damages to your person.

Can I sue my doctor?

Personal Injury Lawyer St. Louis

People who have potential personal injury claims often don't take them on because they believe that they either can't afford a lawyer, or they can't afford the court costs or fees that can from a legal battle. With our Personal Injury Law Firm in St. Louis, you'll never pay anything unless we win your personal injury claim. We fight hard for the rights and recoveries of our clients, and we never settle for anything less than the full recovery that they are owed. If you family needs a dedicated and aggressive personal injury lawyer to fight for your rights, we can help you. Call our team at 314-542-2222 or 618-272-2222.