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Medical Malpractice Lawyers Missouri
Medical Malpractice Lawyers in Missouri. If you or a loved one were injured because a doctor or other healthcare professional did not give you the proper care that you deserved, call Burger Law now at (314) 500-HURT or fill out our online form. Our medical malpractice lawyers always get the best possible results for our clients in St. Louis and throughout Missouri.
You should not have to pay because a physician, hospital or other healthcare professional broke the rules. When we seek medical attention, we do so under the assumption that we are placing our health — and sometimes even our lives — in trustworthy hands. When doctors are negligent and you end up with even worse illnesses or injuries as a result, trust in the experienced and knowledgeable Missouri medical malpractice lawyers of Burger Law to deliver you justice and full financial compensation. Not only are we compassionate and dedicated to our Missouri clients, but we are more aggressive than most law firms in filing lawsuits and not waiting around for the negligent doctor to take responsibility. Our medical malpractice lawyers want them and their insurance company to know that we are serious and will accept nothing but a full financial recovery. Negligent health care can have devastating, life-long consequences, and in the most tragic cases can even result in wrongful death.
In our 30 years of experience standing up to bullies and getting great results for the injured, we have won our clients over $175 million in verdicts and settlements. If you or a loved one has been injured by a negligent medical professional in Missouri, call Burger Law's St. Louis-based medical malpractice lawyers today at (314) 500-HURT or contact us online.
If you were hurt because of a medical professional's or institution's negligence, see how much your claim may be worth by using our free personal injury calculator.
Medical Malpractice Statistics | Missouri Medical Malpractice Lawyers
A study by John Hopkins Medicine found that 10 percent of all deaths in the U.S. are due to medical error. Just one percent of doctors account for almost a third of medical malpractice claims. Too often, consistently negligent doctors are allowed to continue practicing without any consequences. But when the state of Missouri does not want to hold negligent doctors accountable, you can be sure the medical malpractice lawyers of Burger Law will.
In Missouri, less than a third of medical malpractice cases end with the plaintiff being awarded damages. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice claims.
Clear Medical Malpractice Violations
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What Are the Top Medical Malpractice Claims?
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How Do I File a Medical Malpractice Lawsuit?
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Who Your Medical Malpractice Lawyers in Missouri Can Hold Responsible in Your Claim
We often immediately think of doctors when we think of medical malpractice, there are many parties that may be guilty of medical negligence in your case. The state of Missouri defines a “healthcare provider” as 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
Malpractice cases are often complicated; it may not be immediately clear who was at fault, or many parties may be at fault. The trusted and knowledgeable Missouri medical malpractice lawyers at Burger Law will conduct a full investigation into your case and make sure that every party that caused you harm is held responsible for their negligent actions.
Examples of Medical Malpractice in Missouri
Medical negligence occurs when a healthcare professional violates the standard of care, which is how a competent doctor in the same field and same geographic location would have addressed your health issue. Our Missouri medical malpractice lawyers have seen that occur in a variety of ways:
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 St. Louis-based Missouri medical malpractice lawyers 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 Missouri today at (314) 500-HURT.
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Medical Malpractice Cases Won
Take a look at the links below to see some of the recent victories Burger Law's medical malpractice lawyers have won for our clients in Missouri:
- $1 Million Settlement for Family of a Man With Sepsis Infection
- $1 Million Settlement for Permanent Brain Injury
- $900,000 Settlement for Unnecessary Surgery Leading to Blindness in One Eye
- $200,000 Settlement for Misdiagnosis
- $175,000 Verdict for Surgical Error During a Cesarean Section
- Confidential Settlement for Failing to Diagnose Cancer and Lost Chance of Survival
- Confidential Settlement for Nursing Home Neglect
- Confidential Settlement for Wrongful Death Due to Fentanyl
How Medical Malpractice Lawyers in Missouri Can Help
Medical malpractice cases are notoriously difficult to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, tenacity and skills to get you the full financial recovery you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Get to work on your case right away
- Connect you with trusted and capable physicians to finally get you the medical care you deserve
- Conduct a full investigation, including obtaining medical records, expert testimony and taking depositions of the defendant
- Consult with our team of Missouri medical experts to establish standard of care in your case, demonstrate how the care you received was substandard and prove negligence
- Offer compassionate, wise and trustworthy legal counsel
- Keep you informed throughout your case so you are not left in the dark and you have all the information you need to make the best decision for your family
- Oversee every legal aspect of your case so you can focus on healing
- Consult with economic experts to precisely value your damages
- Negotiate with the insurance company to get you the best possible settlement offer
- Take your case to trial when the insurance company does not want to be fair in mediation
At Burger Law, we know that the average person in Missouri does not have the resources and legal knowledge to combat the expensive defense teams of doctors and large hospitals. That is why our St. Louis-based medical malpractice lawyers operate on a contingency fee basis. We charge no attorneys fees until we get you the maximum compensation you are owed. We have dedicated our lives to ensuring that the injured and vulnerable in Missouri have access to the highest form of legal advocacy, one that rivals and exceeds that of large corporations. Our medical malpractice lawyers always work to eliminate every barrier standing between you and justice.
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 in Missouri, you must prove four things. Your medical malpractice lawyers from Burger Law will help you demonstrate that:
- 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.
- The doctor or healthcare provider was negligent and the care he or she provided fell below the industry standard of care. You need to be able to prove that a competent doctor in the same field, in the same geographical area treating the same injury or condition, would not have made the same mistake.
- 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.
- 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, according to Missouri Revised Statute §538.225. 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. Our medical malpractice lawyers have a wealth of experienced and qualified medical connections in St. Louis and throughout Missouri who will help corroborate your claim.
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Roy Medical Malpractice Testimonial
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What Compensation Can I Receive? | Missouri Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you recover generally falls into two categories: economic damages, which seek to compensate you for the financial loss you have sustained because of a doctor's negligence; and noneconomic damages, which seek to compensate for the less tangible ways in which your injuries have affected your life:
- Economic damages include:
- Lost wages
- Lost earning capacity if the medical negligence resulted in a disability that does not allow you to perform the tasks of your job anymore
- Medical expenses, including:
- Subsequent doctors appointments
- Physical therapy and/or rehabilitation
- Medication costs
- In-home medical care
- Assistive devices such as crutches, wheelchairs or necessary improvements to your home or vehicle
- Future estimated medical expenses, such as further physical therapy or medication, or replacement costs for assistive devices
- Noneconomic damages, which the state of Missouri defines as:
- Pain and suffering
- Mental anguish
- Physical impairment
- Loss of capacity to enjoy life
- Loss of consortium
Burger Law's medical malpractice lawyers work around the clock until you get every penny that you are owed. We know that you can never truly recover from some injuries, but we fight to make sure that you are made whole again.
Malpractice cases differ from other personal injuries in Missouri in a couple of key aspects. Your medical malpractice lawyers at Burger Law will help you navigate damage caps and the statute of limitations in Missouri:
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? | Missouri Medical 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"
How Long Do I Have to File a Medical Malpractice Claim in Missouri?
If you or a loved one were hurt by a Missouri doctor's negligence, it is imperative to reach out to medical malpractice lawyers immediately. 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 lawyers only have 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. Call the Burger Law Missouri medical malpractice lawyers in St. Louis We get working on your case right away and do 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 lawyers to prove the full extent of your damages. Call Burger Law's Missouri medical malpractice lawyers immediately at (314) 500-HURT.
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Medical Malpractice Lawyers Missouri
No one deserves to have their life upended because a medical professional was negligent in their care. Burger Law's St. Louis-based medical malpractice lawyers comprise the highest- and most-reviewed law firm in the Midwest. We fight hard for our clients and work tirelessly to get them the great results they need to move forward with their lives. Our medical malpractice lawyers have spent the last 30 years fighting back against bullies and standing up for the "little guy." We will not let doctors, large hospitals and large corporations take advantage of your vulnerability. Call Burger Law's Missouri medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.