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Medical Malpractice Lawyers Affton, Missouri
Medical Malpractice Lawyers in Affton, Missouri. If you or a family member were harmed because a healthcare professional did not give you the adequate treatment that you deserved, call Burger Law today at (314) 500-HURT or fill out our online form. Our medical malpractice lawyers always get great results for the vulnerable in Affton and throughout Missouri.
You should not have to pay because a physician, medical institution or other medical professional in Affton, MO gave you substandard care. When we search out medical care, we do so believing that we are placing our well-being — and sometimes even our lives — in competent hands. When doctors are negligent and you end up with even worse sickness or harm as a result, trust in the veteran and talented Affton, MO medical malpractice lawyers of Burger Law to secure you justice and full financial compensation. Not only are we sympathetic and committed to our Affton, MO clients, but we are more aggressive than the majority of law firms in filing lawsuits and not waiting around for the liable doctor to take accountability. Our medical malpractice lawyers want healthcare professionals and their insurance company to understand that we are driven and will accept nothing but a full financial recovery. Negligent health care can have terrible, life-long consequences, and in the dire circumstances can even cause wrongful death.
In our 30 years of experience fighting back against bullies and getting great results for the injured, we have secured our clients over $175 million in verdicts and settlements. If you or someone you care about has been harmed by a careless doctor in Affton, MO, call Burger Law's medical malpractice lawyers immediately at (314) 500-HURT or contact us online.
See how much compensation you may be able to receive by using our free personal injury calculator.
Medical Malpractice Statistics | Affton, MO Medical Malpractice Lawyers
Data from John Hopkins Medicine found that 10 percent of all deaths in the United States are because of medical error. Just one percent of physicians are responsible for just about a third of medical malpractice lawsuits. Too often, negligent doctors are permitted to continue practicing without any discipline. But when the state of Missouri does not want to hold negligent doctors to blame, you can be sure the medical malpractice lawyers of Burger Law will.
In Missouri, less than 33 percent 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 lawsuits. You need devoted and seasoned Missouri medical malpractice lawyers to make sure you receive the maximum financial recovery you are owed.
Clear Medical Malpractice Violations
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How Do I File a Medical Malpractice Lawsuit?
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Who Your Medical Malpractice Lawyers in Affton, MO Can Hold Liable in Your Case
We often immediately think of doctors when we think of medical malpractice, there are many parties that may be liable for medical negligence in your claim. 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 typically complex; it may not be immediately clear who was at fault, or many people could be liable. The trusted and savvy Affton, MO medical malpractice lawyers at Burger Law will perform a full investigation into your injuries and make sure that each party that caused you harm is held responsible for their thoughtless behavior.
Examples of Medical Malpractice in Affton, MO
Medical negligence takes place when a healthcare professional disobeys the standard of care, which is how most doctors in the same field and same geographic location would have care for your health problems. Our Affton, MO medical malpractice lawyers have seen that transpire in many different ways:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice lawsuits related to outpatient care. Roughly 12 million people in U.S. are misdiagnosed annually. Catching health problems early on is often a deciding factor in realizing the best possible outcome for a patient. A misdiagnosis, or missing a diagnosis, can cause a delay to the treatment you seriously require to become healthier, or can cause improper treatment that exacerbates your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most life-threatening health conditions, such as:
- 37.8 percent for cancer
- 22.8 percent for cardiac events
- 13.5 percent for infections
Surgical errors are the most common medical malpractice claim related to inpatient care. There are a minimum of 4,000 surgical mistakes in the U.S. each year, and frighteningly, the most common instance is performing surgery on the wrong body part. Other instances can include accidental incisions, anesthesia errors, foreign objects like instruments being left inside the patient, infections or failure to address issues emerge after the procedure.
An estimated 7,000 to 9,000 people nationwide die each year due to mistakes when administering medication. Examples can include not taking a record of the patient's allergies, giving an incorrect medication, giving an incorrect dosage or not recognizing interactions with other drugs.
Another example of medication errors is overprescribing medications. Studies show that overprescribing is a major contributor to the opioid crisis in the United States.
Unnecessary medical care costs about $210 billion each year. John Hopkins Medicine surveyed 2,106 physicians and learned that doctors themselves think that 15 to 30 percent of medical care is not needed, including:
- Over one-fifth of prescription medications
- 24.9 percent of medical tests
- 11.1 percent of procedures
- Over a fifth of medical treatment in general
Unneeded care can cause surgical mistakes, medication errors and overprescribed medication.
On average, 6 to 8 out of 1,000 children born in the United States suffer a serious birth injury Every year. Not appropriately observing the child throughout delivery, not properly implementing birthing procedures or not identifying a health condition of the mother during pregnancy are all cases of medical negligence that can cause long-term or permanent health issues.
Nursing Home Neglect and Abuse
The 1987 Nursing Home Reform Act put in place a Bill of Rights for nursing home residents meant to protect and confirm their physical, emotional and social health. When a nursing home institution or staff does not ensure those rights and the person you care about is harmed as a result, the medical malpractice lawyers of Burger Law will hold them responsible.
Failure to Inform or Lack of Consent
Everyone has a basic right to make choices for ourselves. When a physician neglects to inform you of risks, or fails to obtain your consent before a procedure, it is an egregious breach of your rights.
At Burger Law, our Affton, MO medical malpractice lawyers have experience with every sort of negligence suit. We know the horrible consequences a healthcare professional's or institution's carelessness can cause, and the rage and sorrow that accompanies discovering that your trust was betrayed. We hold careless doctors accountable and deliver our Affton, MO clients the maximum compensation they are owed and that they require to move on and be made whole again. Our medical malpractice lawyers also have vast medical knowledge and will be able to pinpoint how your doctor breached the standard of care. Reach out to our medical malpractice lawyers in Affton, MO straight away at (314) 500-HURT.
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Medical Malpractice Cases Won
Check out the links below to see several of the recent successes Burger Law's medical malpractice lawyers have secured for our clients in Affton, MO:
- $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
What Medical Malpractice Lawyers in Missouri Can Do For You
Medical malpractice lawsuits are infamously tough to win. That is why you need excellent medical malpractice lawyers that have the experience, knowledge, determination and talent to secure you the great financial recovery you know you are owed. When you hire us, our Missouri medical malpractice lawyers:
- Get started on your case right away
- Connect you with trustworthy and competent doctors to finally get you the medical care you are owed
- Perform a complete investigation, including acquiring medical records, expert testimony and taking depositions of the defendant
- Converse with our network of Affton, MO medical experts to corroborate standard of care in your case, demonstrate how the care you received was substandard and prove negligence
- Offer thoughtful, sound and honest legal counsel
- Keep you informed throughout your claim so you are not left in the dark and you have all the information you need to make the best decision for your family
- Manage every legal aspect of your case so you can spend your energy on recovering
- Converse with with economic experts to determine precisely how much your claim is worth
- Negotiate with the insurance adjusters to deliver you the best possible settlement offer
- Take your case in front of a judge and jury when the insurance company does not want to offer what you are owed in mediation
At Burger Law, we know that the average person in Affton, MO does not have the resources and legal know-how to fight the high-priced defense teams of doctors and large corporations. That is why our Affton, MO medical malpractice lawyers operate on a contingency fee basis. We charge no attorneys fees until we get you the full financial recovery you are owed. We have pledged our lives to making certain that the injured and vulnerable in Affton, MO have access to the highest standard of legal advocacy, one that equals and surpasses that of large hospitals. Our medical malpractice lawyers always work to eliminate every hurdle standing between you and justice.
What You Need in a Medical Malpractice Claim
Not every mistake committed by medical institution or physician constitutes malpractice. In order to be awarded compensation for improper treatment in Affton, MO, you must conclusively show four things. Your medical malpractice lawyers from Burger Law will help you show that:
- A doctor-patient relationship was intiated. This amounts to proof that you hired the doctor and the doctor agreed to be hired. This is generally not difficult to prove.
- The doctor or healthcare provider was negligent. You need to be able to show that a capable physician in the same practice area, in the same geographical location treating the same health issue, would not have made the same error.
- The doctor’s breach of the standard of care directly caused the injury. This is often difficult to prove, as patients being treated by a doctor are usually already sick or injured.
- That the injury caused the patient harm that they should be compensated for. This can include physical pain, a disability, additional medical expenses, or loss of future earning potential.
In Missouri, you will also need to offer 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 a medical professional in the same practice area that opines that a) the doctor did not provide the treatment that a careful healthcare provider would have under similar circumstances, and b) the failure contributed to the alleged damages. Our medical malpractice lawyers have a massive network of accomplished and professional medical connections in Affton and throughout Missouri who will help back up your claim.
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What Compensation Can I Receive? | Affton, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you receive typically falls into two categories: economic damages, which are intended to compensate you for the monetary loss you have experienced owing to a physician's substandard care; and noneconomic damages, which are intended 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 led to a disability that does not allow you to perform the tasks of your job anymore
- Medical bills, including:
- Follow up appointments
- Further procedures
- Physical rehabilitation
- Medication expenses
- In-home medical care
- Assistive devices such as 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 relentlessly until you get every cent that you deserve. We know that some injuries are impossible to fully heal from, but we fight to ensure that your pain and suffering is alleviated.
Malpractice cases vary from other personal injuries in Missouri in two essential 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 decrease insurance premiums for medical negligence. The bill set "damage caps" on the amount you can collect in a medical malpractice lawsuit in noneconomic damages. As of 2022, those limits are $450,098 for a "non-catastrophic injury" and $787,671 for a "catastrophic injury."
What is Catastrophic Injury? | Affton, MO Medical Malpractice Lawyers
The limits for catastrophic injuries are greater because they impact your ability to function in your daily life and to find enjoyment in life. Your Burger Law malpractice lawyers will help you determine if your injury can be seen as catastrophic. Senate Bill 239 says that catastrophic injuries are:
- 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"
What is the Statute of Limitations in a Medical Malpractice Claim in Affton, MO?
If you or a loved one were harmed by a doctor's negligence in Affton, MO, it is key to contact medical malpractice lawyers immediately. While most personal injury claims have a time limit of five years in Missouri, medical malpractice claims only have a time limit of two years, according to Missouri Revised Statute §516.105. That means that following an injury from medical negligence your medical malpractice lawyers only have two years to investigate your case and file suit. There are three noteworthy 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 neglected 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 someone you love was a minor at the time of the substandard care, you have until their 20th birthday.
Do not wait. Get in touch with the Burger Law Affton, MO medical malpractice lawyers immediately. We get to work on your case at once and do not stop until you collect full compensation . Delaying could create complications your case and could make it difficult for even the best medical malpractice lawyers to demonstrate the full consequences of your damages. Call Burger Law's Affton, MO medical malpractice lawyers today at (314) 500-HURT.
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Medical Malpractice Lawyers Affton, MO
No one deserves to have their life halted because a physician gave them substandard care. Burger Law's Affton, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in the Region. We fight hard for our clients and work around the clock to get them the great results they need to be made whole again. 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 medical professionals, large hospitals exploit your vulnerability. Call Burger Law's Affton, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.