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Medical Malpractice Lawyers Ashland, Missouri
Medical Malpractice Lawyers in Ashland, Missouri. If you or someone you care about were hurt because a doctor did not provide you with the proper care that you deserved, call Burger Law straight away at (314) 500-HURT or fill out our online form. Our medical malpractice lawyers always get the best possible compensation for the injured and vulnerable in Ashland and throughout Missouri.
You do not have to pay because a doctor, medical institution or other healthcare professional in Ashland, MO broke the rules. When we search out medical care, we do so believing that we are placing our well-being — and at times even our lives — in dependable hands. When doctors are negligent , leaving you with even worse illnesses or harm as a consequence, trust in the experienced and skilled Ashland, MO medical malpractice lawyers of Burger Law to get you justice and the best possible compensation. Not only are we compassionate and devoted to our Ashland, MO clients, but we are more aggressive than most law firms in filing lawsuits and not waiting around for the negligent doctor to take accountability. Our medical malpractice lawyers want medical professionals and their insurance company to know that we are driven and will not take anything but maximum compensation. Negligent health care can have ruinous, life-long consequences, and in the worst circumstances can even lead to wrongful death.
In our 30 years of experience pushing back against bullies and getting the best possible results for the injured, we have gotten our clients over $175 million in verdicts and settlements. If you or someone you love has been harmed by a careless medical professional in Ashland, MO, reach out to Burger Law's medical malpractice lawyers now at (314) 500-HURT or contact us online.
See how much compensation you may be able to receive by filling out our free personal injury calculator.
Chesterfield, MO
100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Medical Malpractice Statistics | Ashland, MO Medical Malpractice Lawyers
Data from John Hopkins Medicine found that one-tenth of all deaths in the U.S. are owing to medical error. Just one percent of physicians account for just about 33 percent of medical malpractice cases. Too often, negligent doctors are allowed to continue practicing without any repercussions. But when the state of Missouri does not want to hold liable doctors accountable, you can be confident the medical malpractice lawyers of Burger Law will.
In Missouri, less than 33 percent of medical malpractice cases end with the plaintiff recovering compensation. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice claims. You need committed and experienced Missouri medical malpractice lawyers to ensure you receive the maximum compensation you deserve.
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 Ashland, MO Can Hold To Blame in Your Claim
We frequently immediately think of doctors when we think of medical malpractice, there are many people or institutions that may be culpable of medical negligence in your case. The state of Missouri defines a “healthcare provider” as a
- Physician
- Hospital
- Health maintenance organization
- Ambulatory surgical center
- Long-term care facility
- Registered or licensed practical nurse
- Optometrist
- Podiatrist
- Pharmacist
- Chiropractor
- Professional physical therapist
- Psychologist
- Physician-in-training, or
- Any other person or entity who provides health care services under the authority of a license or certificate
Malpractice claims are frequently intricate; it may not be immediately clear who was responsible, or many people might be to blame. The trustworthy and savvy Ashland, MO medical malpractice lawyers at Burger Law will carry out a complete investigation into your claim and make sure that every party that caused you injuries is held accountable for their careless actions.
Examples of Medical Malpractice in Ashland, MO
Medical negligence takes place 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 treated your health issue. Our Ashland, MO medical malpractice lawyers have seen that take place in a variety of ways:
Failure to Diagnose or Misdiagnosis
This is the most frequent reason for medical malpractice cases that occur in out-of-hospital care. About 12 million Americans are misdiagnosed every year. Diagnosing health problems early on is critical in getting the most favorable outcome for a patient. A misdiagnosis, or failing to diagnose, can result in a delay to the treatment you desperately need to become healthier, or can cause incorrect care that worsens 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
Surgical errors are the most common medical malpractice claim when it comes to in-hospital treatment. There are at least 4,000 surgical mistakes nationwide every year, and frighteningly, the most common source is operating on the wrong organ. Other instances can include accidental cuts, anesthesia mistakes, foreign objects like instruments being left inside the patient, infections or failure to treat issues arising from the procedure.
Medication Errors
An estimated 7,000 to 9,000 people in the United States die annually because of medication errors. Examples can include not taking a record of the patient's allergies, giving the wrong medication, giving an incorrect dosage or not identifying interactions with other drugs.
Medication errors can also include overprescribing medications. Studies show that overprescribing is a main factor in the opioid crisis in the U.S.
Unnecessary Care
Unnecessary medical care costs roughly $210 billion each year. John Hopkins Medicine surveyed 2,106 physicians and discovered that doctors themselves think that 15 to 30 percent of medical care is not needed, including:
- More than a fifth of prescription medications
- 24.9 percent of medical tests
- Over one-tenth of procedures
- More than one-fifth of all medical care
Unneeded care can lead to surgical mistakes, medication errors and overprescribed medication.
Birth Injuries
About 6 to 8 out of 1,000 children born in the United States experience a significant birth injury each year. Not properly monitoring the child during birth, not properly implementing birthing techniques or not identifying a health problem of the mother during pregnancy are all instances of medical malpractice that can result in long-term or lifelong consequences.
Nursing Home Negligence
The 1987 Nursing Home Reform Act established a Bill of Rights for nursing home residents meant to shield and secure their physical, emotional and social health. When a nursing home institution or staff does not respect those rights and the person you love is consequently injured, the medical malpractice lawyers of Burger Law will hold them responsible.
Failure to Inform or Lack of Consent
We all have an innate right to make decisions for ourselves. When a doctor does not 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 Ashland, MO medical malpractice lawyers have experience with every category of negligence case. We know the catastrophic repercussions a healthcare professional's or institution's thoughtlessness can cause, and the rage and grief that accompanies learning that your trust was broken. We hold negligent doctors liable and win our Ashland, MO clients the full compensation they deserve and need to move on and be made whole again. Our medical malpractice lawyers also have exhaustive medical comprehension and will be able to pinpoint how your doctor breached the standard of care. Get in touch with our medical malpractice lawyers in Ashland, MO now at (314) 500-HURT.
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Medical Malpractice Cases Won
Check out the links below to see some of the latest successes Burger Law's medical malpractice lawyers have gotten for our clients in Ashland, 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 claims are notoriously tough to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, determination and prowess to get you the full compensation you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Get working on your case straight away
- Connect you with trustworthy and capable physicians to finally get you the medical attention you deserve
- Conduct a comprehensive investigation, including acquiring medical records, expert testimony and taking official statements from the defendant
- Confer with our network of Ashland, MO medical experts to demonstrate standard of care in your case, show how the care you received was not up to the standard and prove negligence
- Offer thoughtful, knowledgeable and honest legal counsel
- Keep you informed through the duration of your claim so you are not left in the dark and you know everything you need to make the best decision for your family
- Handle every legal aspect of your case so you can focus your energy on healing
- Converse with with economic experts to ascertain precisely how much your claim is worth
- Negotiate with the insurance company to win you a full 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 Ashland, MO does not have the resources and legal proficiency to stand up to the high-priced defense teams of doctors and large hospitals. That is why our Ashland, MO medical malpractice lawyers operate on a contingency fee basis. You do not pay us anything until we get you the great compensation you deserve. We have dedicated our careers to ensuring that the injured and vulnerable in Ashland, MO have access to the highest standard of legal representation, one that equals and eclipses that of large hospitals. Our medical malpractice lawyers always work to abolish every impediment standing between you and justice.
What You Need in a Medical Malpractice Claim
Not every error carried out by healthcare providers amounts to malpractice. In order to get a financial recovery for negligent care in Ashland, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you demonstrate that:
- A doctor-patient relationship was determined. This amounts to proof that you hired the doctor and the doctor agreed to be hired. This is typically very easy to prove.
- The doctor or healthcare provider was breached the standard of care. You need to be able to prove that a capable physician in the same practice area, in the same geographical location treating the same health problem, would not have committed the same mistake.
- The doctor’s breach of the standard of care directly caused you harm. This can often be hard to prove, as patients being treated by a physician are typically already sick or injured.
- That the injury caused the patient damages. This can include physical pain, impairment, additional medical costs, or loss of earning capacity.
In Missouri, you will also be required to provide an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your lawsuit, following Missouri Revised Statute §538.225. This is a written opinion from a legally qualified healthcare provider that states that a) the doctor did not offer the care that a prudent healthcare provider would have under the same circumstances, and b) the negligence caused the alleged damages. Our medical malpractice lawyers have a wealth of experienced and qualified medical connections in Ashland and throughout Missouri who will help substantiate your claim.
What Compensation Can I Collect? | Ashland, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you recover generally falls into two categories: economic damages, which try to compensate you for the monetary damages you have experienced due to a physician's substandard care; and noneconomic damages, which try 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 caused a disability that does not allow you to carry out the duties of your job anymore
- Medical costs, for instance:
- Subsequent doctors appointments
- Surgeries
- Physical rehabilitation
- Medication costs
- In-home medical care
- Assistive devices such as wheelchairs or needed upgrades 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
- Inconvenience
- Physical impairment
- Disfigurement
- 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 you can never really heal from some injuries, but we fight to make sure that your pain and suffering is alleviated.
Malpractice cases differ from other personal injuries in Missouri in a couple of key manners. Your medical malpractice lawyers at Burger Law will help you maneuver 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 suit 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? | Ashland, 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 states 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 Ashland, MO?
If you or someone you care about were injured by a doctor's negligence in Ashland, MO, it is imperative to get in touch with medical malpractice lawyers right away. While most personal injury claims have a statute of limitation of five years in Missouri, medical malpractice suits only have a statute of limitations of two years, under 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 key 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 care about was a minor on the date of the malpractice, you have until their 20th birthday.
There is no time to delay. Call the Burger Law Ashland, MO medical malpractice lawyers straight away. We get working on your case right away and do not stop until you recover full compensation . Delaying could create difficulties for your claim and could make it hard for even the best medical malpractice lawyers to show the full effects of your damages. Call Burger Law's Ashland, MO medical malpractice lawyers today at (314) 500-HURT.
Call Burger Law Now
Medical Malpractice Lawyers Ashland, MO
No one deserves to have their life upended because a doctor was negligent in their care. Burger Law's Ashland, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in the Region. We fight hard for our clients and work relentlessly 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 corporations manipulate your vulnerability. Call Burger Law's Ashland, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.