Who Can I Sue in a Medical Malpractice Claim?
Who Can I Sue in a Medical Malpractice Claim in St. Louis?
In Missouri, you can sue in malpractice claim anybody who qualifies as a "healthcare provider," including a:
- Health maintenance organization
- Ambulatory surgical center
- Long-term care facility
- Registered or licensed practical nurse
- Professional physical therapist
- Physician-in-training, or
- Any other person or entity who provides health care services under the authority of a license or certificate
At Burger Law, we have successfully secured compensation for our St. Louis clients against all types of healthcare providers.
What is the Standard of Care in Medical Malpractice Claims?
What is the Standard of Care in Medical Malpractice Claims in St. Louis and Missouri?
The "standard of care" refers to how most doctors - or a reasonable doctor - would diagnose and treat a particular condition in a particular location. Doctors owe you a duty of care when you are under their care and a doctor-patient relationship has been established. They must offer you the same degree of skill, care and diligence that would be expected of a competent doctor under the same circumstances in St. Louis and Missouri. For example, say you exhibit certain symptoms that would normally cause a competent doctor to test for a certain infection. If your doctor did not, and you suffered harm as a result, you may have a malpractice claim. Your St. Louis malpractice lawyers at Burger Law will help you determine if you have a medical malpractice case.
The standard of care is the key concept in medical malpractice cases. Negative outcomes happen in the medical world, especially to the elderly or people who are already sick. A doctor or nurse can also make a decision that later turns out to be a mistake, but that does not necessarily amount to negligence. The experienced and knowledgeable St. Louis malpractice lawyers at Burger Law will help you discern if you have a medical malpractice claim.
The standard of care is location specific, so the standard of care in St. Louis may differ from that in Kadoka, South Dakota. That is why it is important to hire malpractice lawyers well-versed in local St. Louis and Missouri law and practices. Burger Law's malpractice lawyers have over 30 years of experience fighting medical malpractice cases and winning maximum compensation for our clients in St. Louis and throughout Missouri.
How Long Do I Have to File a Medical Malpractice Claim?
How Long Do I Have to File a Medical Malpractice Claim in Missouri?
While most personal injury cases have a statute of limitation of five years in Missouri, medical malpractice claims only have a time limit of two years, pursuant to Missouri Revised Statute §516.105. That means that once you have been injured your medical malpractice lawyer only has two years to investigate your case and file suit. There are three important exceptions:
- If a foreign object was left inside of you after surgery, you have two years from the date you discovered the object, or should have discovered the object.
- If a doctor failed to inform you of test results, you have two years from the date you discovered or should have discovered that you were not informed. This does not include failure to inform of negligent or incorrect test results.
- If you or your loved one was a minor at the time of the malpractice, you have until their 20th birthday.
There is no time to wait. Your Burger Law medical malpractice lawyer in St. Louis gets working on your case right away and does not rest until you have been fully compensated. Delaying could bring complications to your case and could make it difficult for even the best medical malpractice lawyer in St. Louis to prove the full extent of your damages. Call a St. Louis medical malpractice lawyer immediately at (314) 500-HURT.
Common Medical Malpractice Claims
Common Medical Malpractice Claims in St. Louis, MO
Medical malpractice can occur at any point in a doctor-patient relationship from any healthcare provider. Some common examples are diagnosis issues, surgical errors, medication errors, failure to obtain consent, unnecessary care, birth injuries, and nursing home negligence:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice claims related to outpatient care. Roughly 12 million Americans are misdiagnosed each year. Catching medical issues early on is crucial in achieving the best possible outcome for a patient. A misdiagnosis, or missing a diagnosis, can cause a delay to the treatment you desperately need to get better, or can cause improper treatment that exacerbates your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most severe health conditions, including:
- 37.8 percent for cancer
- 22.8 percent for cardiac or vascular events
- 13.5 percent for infections
Surgical errors are the most common medical malpractice claim when it comes to inpatient care. There are at least 4,000 surgical errors in the U.S. each year, and frighteningly, the most common source is operating on an incorrect body part. Other examples can include accidental cuts, anesthesia errors, foreign objects like sponges or instruments being left inside the patient, infections or failure to address complications arising from the surgery.
An estimated 7,000 to 9,000 people in the U.S. die each year because of medication errors. Examples can include not being aware of a patient's allergies, giving an incorrect medication, giving an incorrect dosage or failing to identify interactions with other drugs.
Medication errors can also include overprescribing medications. Studies have found that overprescribing is a major contributor to the opioid crisis in the United States.
Unnecessary medical care costs an estimated $210 billion each year. John Hopkins Medicine surveyed 2,106 physicians and found that doctors themselves believe that 15 to 30 percent of medical care is not needed, including:
- 22 percent of prescription medications
- 24.9 percent of medical tests
- 11.1 percent of procedures
- 20.6 percent of all medical care
Unnecessary treatment can lead to surgical errors, medication errors and overprescribed medication.
Roughly 6 to 8 out of 1,000 children born in the United States suffer a serious birth injury each year. Not properly monitoring the baby during birth, not properly utilizing birthing techniques or not diagnosing a health condition with the mother during pregnancy are all examples of medical negligence that can lead to long-term or permanent consequences.
Nursing Home Negligence
The 1987 Nursing Home Reform Act establishes a Bill of Rights for nursing home residents meant to protect and ensure their physical, emotional and social well-being. When a nursing home institution or staff neglects those rights and your loved one is hurt as a result, the medical malpractice lawyers of Burger Law will hold them accountable.
Failure to Inform or Lack of Consent
We all have an inherent right to make decisions for ourselves. When a doctor fails to inform you of risks, or does not obtain your consent before a procedure, it is an egregious violation of your rights.
At Burger Law, our Missouri medical malpractice lawyers in St. Louis have seen it all. We know the devastating consequences a healthcare professional's or institution's negligence can cause, and the anger and grief that comes with finding out that your trust was betrayed. We hold negligent doctors accountable and get our Missouri clients the full financial recovery they deserve and need to move on and fully recover. Our medical malpractice lawyers also have extensive medical knowledge and will be able to pinpoint how your doctor violated the standard of care. Call our medical malpractice lawyers in St. Louis today at (314) 500-HURT.
Burger Law is a medical malpractice law firm that has helped hundreds of victims of medical malpractice recover from a complete range of medical malpractice cases involving negligent doctors, hospitals, nurses, nursing homes and other medical providers. If you're looking for a medical malpractice lawyer in St. Louis, or in any other area of Missouri, Burger Law has the experience, knowledge and success rates to help you win your medical malpractice case.
Common Causes of Medical Malpractice in St. Louis
In our experience litigating, trying and winning malpractice cases in St. Louis, our medical malpractice lawyer team has found that medical errors are often caused by the following:
- Burnout. Studies by the Mayo Clinic report that in any given year, roughly half of physicians suffer from burnout, making them twice as likely to commit a medical error. Nurses who work more than 12 and a half consecutive hours are up to three times more likely to make a mistake.
- Procedural Errors. Hospitals have exhaustive protocols to ensure that patients receive the care they need. hospital system failures such as intake mistakes, failure to get a complete medical history or failure to keep complete and accurate medical records can lead to medication errors, operating on the wrong body part or otherwise not giving a patient proper treatment.
- Using Outdated Equipment or Procedures. Doctors are required to keep up-to-date on new best practices in their field, and hospitals need to make sure their equipment is functioning properly. Failing to do so could lead to diagnosis errors and a type of treatment unnecessarily dangerous.
Proper medical treatment is often a case of life or death, and there is no excuse for you not receiving the standard of care that hospitals, doctors and nurses owe you. If a St. Louis healthcare provider was negligent and caused you or a loved one injuries, call a Burger Law medical malpractice lawyer now at (314) 500-HURT. Our medical malpractice law firm will fight on your behalf until there is nothing left to fight and you receive the justice and compensation you deserve.
Winning Your Medical Malpractice Case
Winning your Medical Malpractice Case in St. Louis, MO
We understand the pain and suffering that can occur with a medical malpractice case. In addition to handling the aftermath of what went wrong, mounting medical bills often become a major cause of concern and stress. We are aggressive in our approach and treat every case as if it will go to trial and demand complete compensation for the entirety of the extensive damages you have endured, including those for disability, loss of income, financial harm, further medical care, and pain and suffering. The seasoned medical malpractice lawyers at Burger Law can help you get the recovery you deserve.
Medical Malpractice Lawyers St. Louis
Medical Malpractice Resources
Medical Malpractice Frequently Asked Questions?
Medical Malpractice Frequently Asked Questions
View More FAQs
Medical Malpractice Lawyer Videos?
St. Louis, Missouri Medical Malpractice Lawyer Videos
The only St. Louis law firm you need
Cases We Win
Burger Law's Missouri medical 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.
Other Medical Malpractice Resources
Other Medical Malpractice Claim Resources
Our experienced medical malpractice attorneys in St. Louis, MO serving all of Missouri and Illinois have spent decades protecting the rights of the injured and helping those damaged acts of medical malpractice recover the compensation they deserve to be made whole again. Our knowledge, resources and background make us incredibly effective in demanding your recovery from your negligent medical provider's insurance company. Hire a skilled medical malpractice attorney from Burger Law to help you fight for your full recovery. While we handle your claim, it can help to do some research and learn more about what to expect from your medical malpractice claim process in Missouri. In addition to our expensive library of answers to frequently asked questions and videos addressing common questions and topics, we offer a number of other blog posts and resources to help you in your medical malpractice suit. Check out additional medical malpractice information below.
How a Law Suit Works
How to Choose a Law Firm
Free Legal Books
More Free Resources