Malpractice Lawyers in St. Louis, Missouri

Medical malpractice cases are complicated, and there are often many different parties you can sue. There are three things your Missouri malpractice lawyers in St. Louis must do in order to prove negligence in a malpractice case:

1. Prove that there was a breach of the standard of care. This can include missed diagnoses, incorrect diagnoses, prescribing the wrong medication, giving an incorrect dosage, failing to disclose, botching surgeries or causing birth injuries because of not properly monitoring the baby or pulling too hard during delivery.
2. Get a written opinion by a St. Louis or Missouri doctor or nurse in the same specialty. Missouri Revised Statute §538.225 states that when medical malpractice claim is filed, your malpractice lawyer must provide an affidavit written by a "legally qualified health care provider" within 90 days saying that the defendant failed to provide the standard of care that a "reasonably prudent and careful health care provider would have under similar circumstances," and that their substandard care caused your injury. A neurologist may treat a condition differently than a St. Louis general practitioner, and it is important that whoever writes the affidavit has the same specialty as the Missouri doctor you are suing.
3. Prove the negligence caused or contributed to your injury. This is often the biggest hurdle in medical malpractice cases. It is not sufficient to prove that a doctor gave you substandard care or did not follow the rules. Your Missouri malpractice lawyers in St. Louis must also prove that their negligence directly caused you harm. If a doctor prescribed a medication that worsened your condition instead of improving it because they failed to detect a crucial symptom before prescribing, you may have a medical malpractice case. However if the prescription had no effect, as in it was neither harmful nor beneficial, you likely do not have a case. The defendant may try to convince you and a jury that as you were already sick, you cannot prove the doctor's error caused you harm. Your Burger Law malpractice lawyers in St. Louis know how to find the exact cause of your injuries and prove it to a jury.

Medical malpractice cases are notoriously difficult to win given the high standard of evidence malpractice lawyers need to present, the expensive legal teams hospitals and doctors usually acquire and the fact that juries often tend to sympathize with doctors and give them the benefit of the doubt. Burger Law's malpractice lawyers have built a reputation for demanding maximum compensation for our clients in St. Louis and throughout Missouri no matter how tough their cases. Our malpractice lawyers know how to get your St. Louis and Missouri peers on juries to see your injuries from your perspective and understand the true impact they have had on your life. If you have been injured because of medical malpractice and are uncertain how to proceed, call Burger Law's malpractice lawyers today at (314) 500-HURT.

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Are There Damage Caps in Missouri Medical Malpractice Cases?

In 2015, Missouri state legislature passed Senate Bill 239 in an effort to lower insurance premiums for medical liability. The bill set "damage caps" on how much you can recover in a medical malpractice case in noneconomic damages. As of 2022, those caps are $450,098 for a "non-catastrophic injury" and $787,671 for a "catastrophic injury."

What is Catastrophic Injury? | St. Louis, MO Malpractice Lawyers

The damage caps for catastrophic injuries are higher because they affect your ability to function in your daily life and to enjoy life. Your Burger Law malpractice lawyers will help you determine if your injury can be considered catastrophic. Senate Bill 239 defines catastrophic injuries as:

• Quadriplegia, or loss of function in all four limbs
• Paraplegia, or loss of function in your legs and lower body
• Loss of two or more limbs
• A brain injury resulting in permanent cognitive impairment that results in permanent inability to:
• Make independent decisions
• Perform basic daily tasks such as eating, dressing, bathing, toileting, transferring and walking
• Irreversible failure of one or more major organ systems
• Legal blindness in your "best eye"

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What Compensation Can I Recover in a St. Louis, Missouri Malpractice Claim?

While you can still be fully compensated for all of your economic damages, including medical expenses past and future, lost wages and lost earning potential, your malpractice Lawyers in St. Louis will not be able to recover for you more than the noneconomic damage cap in Missouri. Senate Bill 239 defines noneconomic damages in Missouri, "without limitation," as:

• Pain and suffering
• Mental anguish
• Inconvenience
• Physical impairment
• Disfigurement
• Loss of capacity to enjoy life
• Loss of consortium

Only you know the full extent of the impact your injuries have had on your life. Your Burger Law malpractice lawyers in St. Louis will fight by your side to make sure you get the best compensation possible. The amount you will be able to recover depends on the severity of your injuries, how extensively they have impacted your life and the skill of dedication of your St. Louis and Missouri malpractice lawyers. If you have been injured because a doctor did not follow the rules and treated you with a substandard level of care, call Burger Law now at (314) 500-HURT.

How Long Do I Have to File a Malpractice Claim in Missouri?

While typically personal injury cases in Missouri have a 5-year statute of limitations, there are special rules in medical malpractice cases. Missouri Revised Statute §516.105 stipulates that medical malpractice claims must be filed within two years of the date the malpractice occurred. There are three exceptions to this rule:

1. If a foreign object was left inside a patient, the patient has two years from the date they discovered - or should have discovered, whichever comes first - the foreign object. For example, you went to a doctor because of pain in your abdomen after surgery, and they recommended you get an X-ray to see if a foreign object was left inside. You would have two years to file suit after the date of the recommendation because that is when you should have discovered the foreign object.
2. If a physician failed to inform a patient of test results, the patient has two years from the date they discovered or should have discovered - whichever comes first - that they were not informed of test results. Negligence to inform does not include failure to inform the results of negligently performed tests or incorrect test results.
3. If the patient was less than 18 years old when the malpractice occurred, they have until their 20th birthday to file a claim.

It is also important to note that, regardless of the circumstances, you cannot file a medical malpractice claim after 10 years from the date the negligence occurred or two years after your 18th birthday, whichever is later. If you have sustained an injury because of a doctor's negligence, there is no time to wait. Call our Missouri malpractice lawyers in St. Louis now at (314) 500-HURT.

Burger Law's Missouri malpractice law firm based in St. Louis has a team of gifted litigators and trial lawyers with more than 70 years of combined experience practicing law and protecting the vulnerable and injured. We will fight to get you maximum compensation in any injury claim in Missouri, including the case types listed here. Click for more information.