All Questions

February 2, 2022 | Gary Burger

Who Can I Sue in a Medical Malpractice Case?

Who Can I Sue in a Medical Malpractice Case? Doctors are among the most trusted members of our society. When we are injured or sick, they are supposed to know what’s best for us and to properly administer treatment to help us get better. Sometimes, that trust is betrayed and patients can be hurt by a doctor’s or healthcare provider’s negligence. When that happens, they need to be held accountable, and the way to do that is to file a medical malpractice suit.

Medical malpractice suits have a wide array of procedural rules that start before the complaint is even filed. At Burger Law, we have over 25 years of experience in medical malpractice suits, helping hundreds of people through Missouri and Illinois recover full compensation for their claims. If you or a loved one has suffered due medical malpractice, call us today to get the help and compensation you deserve.

Who You Can Hold Responsible

If you feel a healthcare provider was negligent or harmful in their care for you, you can file a medical malpractice lawsuit. The state of Missouri defines a “healthcare provider” as a

  • Physician
  • Hospital
  • Health maintenance organization
  • Ambulatory surgical center
  • Long-term care facility
  • Registered or licensed practical nurse
  • Optometrist
  • Podiatrist
  • Pharmacist
  • Chiropractor
  • Professional physical therapist
  • Psychologist
  • Physician-in-training, or
  • Any other person or entity who provides health care services under the authority of a license or certificate

The suit must be filed within two years of the patient’s injury, or within two years of the date the injury was discovered.

Basic Requirements for a Medical Malpractice Claim

Not every error committed by healthcare providers amounts to malpractice. In order to receive compensation for negligent or improper care, you must prove four things. Your medical malpractice lawyer from Burger Law will help you demonstrate that:

  1. A doctor-patient relationship existed. This means proof that you hired the doctor and the doctor agreed to be hired. This is usually very easy to prove.
  2. The doctor or healthcare provider was negligent and the care he or she provided fell below the industry standard level of care. You need to be able to prove that a competent doctor in the same field, treating the same injury or condition, would not have made the same mistake.
  3. The doctor’s negligence directly caused the injury. This is often difficult to prove, as patients under a doctor’s care are typically already sick or injured.
  4. That the injury caused the patient harm. This can include physical pain, a disability, additional medical costs, or loss of future earning potential.

In Missouri, you will also need to provide an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your claim. This is a written opinion from a legally qualified healthcare provider that states that a) the doctor did not provide the treatment that a prudent and careful healthcare provider would have under similar circumstances, and b) the failure caused or contributed to the alleged harm.

Types of Malpractice Claims

Typically, medical malpractice claims typically fall into one of three categories:

  • Failure to Diagnose. This could mean not diagnosing or misdiagnosing a disease or injury that a competent doctor would not have misdiagnosed.
  • Improper treatment. This can include an improper treatment plan, or carrying out the treatment in a way that caused harm.
  • Failure to warn a patient of known risks. We trust doctors not only to know what’s best for us, but to inform us of any risks or potential consequences of treatments or procedures. If a doctor fails to inform us of those risks, you may be able to sue for malpractice.

If you or a loved one has been hurt by doctors or medical professionals who betrayed your trust and did not give you the care and treatment that we all deserve, Call us now at (314) 500-HURT or Contact us online Our team of medical malpractice attorneys will get you the compensation to help aid you in your recovery.