How to Sue a Hospital in St. Louis

If you or a loved one have been injured due to medical negligence, you may wonder how to sue a hospital in St. Louis. Hospitals are obliged to provide safe, competent medical care; when patients are harmed because of carelessness, the law offers them avenues to seek justice. At Burger Law, we guide clients through the complex process of medical malpractice claims and fight on their behalf for fair compensation.

In What Cases Can You Sue a Hospital?

You can sue a hospital if its negligence is the direct cause of your injury. While hospitals are not automatically liable for every medical mistake, they can be held accountable in specific situations, such as:

• Negligent Hiring or Retention: If a hospital hires a doctor or nurse with a history of malpractice and that individual harms a patient, the hospital may be responsible.
• Inadequate Staffing: This can lead to rushed or poor-quality care and increase the potential for mistakes.
• Failure to Maintain Equipment: Poorly maintained medical equipment or unhygienic conditions can lead to serious health complications.
• Emergency Room Negligence: Failure of the ER staff to diagnose or treat a life-threatening condition in a timely manner may result in the liability of the hospital.
• Apparent Agency: Even if a doctor is an independent contractor, the hospital may still be responsible if it presents the physician as an employee and the patient reasonably believes they are under hospital care.

Missouri law mandates that a medical negligence claim must be filed within two years from the date the malpractice was discovered or reasonably should have been discovered. This timeline covers foreign objects left within the body and failure to inform test results. For minors below the age of 18, they have until their 20th birthday to file a case.

What Do You Need to Sue a Hospital?

To sue a hospital in Missouri, you must first establish that a duty of care was owed, which means the hospital must have provided adequate treatment. If the institution or its staff failed to adhere to the accepted standard of care and harm resulted, then you may have a valid claim. You will need to demonstrate that this negligence directly caused injury or worsened your condition, resulting in increased medical costs, lost income, prolonged recovery, emotional suffering, or other significant losses.

Missouri also requires that plaintiffs file an affidavit of merit, which means that a qualified healthcare provider states that the claim has merit. The affidavit shall be filed within 90 days of filing the suit and acts as a preliminary checkpoint to make sure that only valid claims are prosecuted in court. Failure to do so may provide grounds to dismiss the case, hence an important ingredient in the legal process.

Breaking Down the Process of Suing a Hospital

Suing a hospital is quite an uphill task since it involves a lot of preparation and expertise from gathering the key evidence, which includes medical records, witness statements, and injury-related documents, which helps establish the direct link between the negligence of the hospital and the harm suffered. It is advisable to seek advice from a medical malpractice attorney early enough in such complex legal and medical cases. The attorney will have to assess the case to ensure it meets all the criteria for filing, hence working with medical experts to prove your claim.

Upon collection of sufficient evidence, a case is filed in court against the hospital for the complaint and amount of damages desired. A case then enters a discovery process wherein there will be an exchange of evidence on both sides, deposition, and preparation for arguments.Many cases are settled through negotiation and discussions of settlement, as most hospitals would rather not go through lengthy litigation. If the parties cannot fairly settle the matter, then a trial ensues in which liability and damages are determined by either the judge or jury.

Missouri also has particular laws on the books regarding hospital liens on settlements. If a hospital provides emergency treatment after an injury, it may claim a lien on your settlement funds. Understanding these laws is important to maximizing your compensation.

Get Help from a Medical Malpractice Lawyer in St. Louis

Taking legal action against a hospital can be a challenge, but you are not alone. At Burger Law, we are knowledgeable and prepared to take on the resources to hold a hospital responsible for negligence. If you or someone you love has received an injury due to medical practice negligence, call us today at (314) 500-HURT and schedule a free consultation.