All Questions

October 23, 2019 | Gary Burger

What Do I Need to Do to File a Malpractice Case?

We trust that doctors know what they are doing. We rely on their years of training and knowledge when we go either to the hospital or their private practice to get help for our ailments. But what happens when you go to the doctor and they diagnose your injuries but misdiagnose what is actually going on. What happens when a surgeon makes a bad cut or takes out the wrong organ, or performs a surgery on you that was actually meant for another person. What can you do in these types of situations? Can you sue? Can the doctor or hospital be held accountable for thier mistakes? In this FAQ, we're going over the steps you need to take to file a medical malpractice claim when you've received sub-par or negligent care.

If you've been hurt by a doctor and you need help immediately, our personal injury lawyers in St. Louis can help. If you have questions about how these types of claims work, what a personal injury lawyer can do for you, or the capabilities of our Firm, please don't hesitate to call us. Our Lawyers can help you. Call 314-542-2222 or 618-297-4777.

What Do I need to Do to File a Malpractice Case?

Personal Injury Lawyer St. Louis

In both Illinois and Missouri, before a case can be filed against a doctor or hospital a letter from another doctor is needed. This letter needs to state that party that provided medical care did so negligently or carelessly, and that another doctor with similar training would not have made the same mistake. So what does this mean? There has to be a deviation from the standard of care, and the deviation has to have caused harm to the patient. The deviation from the standard of care, the negligence of the doctor has to have caused further damages than the original ailment. If no damages resulted from the deviation, there is not a strong case for medical malpractice.

If the doctor missed the diagnoses, or misdiagnosed the injury or ailment, but you were able to receive the appropriate care before any injuries or further harm damaged you, then a medical malpractice case will be much harder to pursue.

When it's time to file the lawsuit, you have to name the doctor, hospital or practician in the lawsuit, and you will also need a certificate or a letter signed by another doctor that there was negligence involved in the care you received, and that the negligence caused you harm. From this point, a medical malpractice case can proceed.

How to File a Medical Malpractice Claim

Personal Injury Lawyer St. Louis

If you've been hurt by a doctor, hospital, or practician, you do have options. You can pursue the individual or business that provided you with the negligent care, and you can recover for your injuries and damages. If you have further questions about how a medical malpractice claim works, questions about how a lawyer can help your claim, or if you would prefer to speak with one of our Personal Injury Lawyers in St. Louis, call or contact our firm as soon as possible. We can be reached at 314-542-2222 or 618-297-4777.