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Medical Malpractice Lawyers Cape Girardeau, Missouri
Medical Malpractice Lawyers in Cape Girardeau, Missouri. If you or a loved one were hurt because a doctor did not give you the adequate care that you were owed, call Burger Law now at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get great compensation for our clients in Cape Girardeau and throughout Missouri.
You do not have to pay because a doctor, hospital or other medical professional in Cape Girardeau, MO disregarded your health. When we search out medical treatment, we do so believing that we are placing our health — and at times even our lives — in trustworthy hands. When doctors are negligent , leaving you with even worse sickness or harm as a consequence, believe in the accomplished and savvy Cape Girardeau, MO medical malpractice lawyers of Burger Law to deliver you justice and great financial compensation. Not only are we compassionate and dedicated to the injured in Cape Girardeau, MO, but we are more aggressive than most law firms in filing lawsuits and not waiting around for the liable doctor to take accountability. Our medical malpractice lawyers want medical professionals and their insurance company to understand that we are serious and will accept nothing but a full financial recovery. Negligent health care can have terrible, permanent consequences, and in the dire cases can even lead to wrongful death.
In our three decades of experience pushing back against bullies and getting the best possible results for our clients, we have secured our clients over $175 million in verdicts and settlements. If you or a family member has been harmed by a careless doctor in Cape Girardeau, MO, call Burger Law's medical malpractice lawyers today at (314) 500-HURT or contact us online.
See how much your claim may be worth by using our free personal injury calculator.
Medical Malpractice Statistics | Cape Girardeau, MO Medical Malpractice Lawyers
A study by 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 nearly a third of medical malpractice lawsuits. Too often, negligent doctors are allowed to continue practicing without any repercussions. But when the state of Missouri does not want to hold at-fault doctors to blame, you can be certain the medical malpractice lawyers of Burger Law will.
In Missouri, less than a third of medical malpractice lawsuits end with the plaintiff recovering damages. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice lawsuits. You need dedicated and experienced Missouri medical malpractice lawyers to ensure you recover the great compensation you deserve.
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 Cape Girardeau, MO Can Hold To Blame in Your Claim
We frequently automatically think of doctors when we think of medical malpractice, there are many parties that may be to blame 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 complicated; it may not be immediately clear who was at fault, or many parties could be to blame. The dependable and knowledgeable Cape Girardeau, MO medical malpractice lawyers at Burger Law will conduct a full investigation into your claim and ensure that each party that caused you injuries is held accountable for their thoughtless actions.
Examples of Medical Malpractice in Cape Girardeau, MO
Medical negligence occurs when a healthcare professional disobeys the standard of care, which is how most doctors in the same field and same geographic location would have treated your health issue. Our Cape Girardeau, MO medical malpractice lawyers have seen that transpire in many different ways:
Failure to Diagnose or Misdiagnosis
This is the most frequent reason for medical malpractice lawsuits related to out-of-hospital treatment. Roughly 12 million people in U.S. are misdiagnosed each year. Diagnosing health problems early on is crucial in realizing the most favorable outcome for a patient. A misdiagnosis, or missing a diagnosis, can lead to a delay to the care you desperately need to become healthier, or can result in incorrect treatment that worsens your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most serious health conditions, including:
- 37.8 percent for cancer
- 22.8 percent for vascular events
- 13.5 percent for infections
Surgical mistakes are the most common medical malpractice case when it comes to in-hospital treatment. There are at least 4,000 surgical errors nationwide annually, and frighteningly, the most common instance is operating on an incorrect organ. Other examples can include accidental cuts, anesthesia errors, foreign objects like instruments being left inside the patient, infections or failure to address difficulties surface after the surgery.
An estimated 7,000 to 9,000 people nationwide die each year because of medication errors. Examples can include not knowing a patient's allergies, giving an incorrect medication, giving the wrong dosage or not recognizing interactions with other drugs.
Another example of medication errors is overprescribing medications. Studies have found that overprescribing is a major factor in the opioid crisis in the U.S.
Unnecessary medical care costs about $210 billion every year. John Hopkins Medicine asked 2,106 doctors and discovered that physicians themselves are of the opinion that 15 to 30 percent of medical care is unnecessary, including:
- 22 percent of prescription medications
- 24.9 percent of medical tests
- 11.1 percent of procedures
- More than one-fifth of medical care in general
Unneeded care can cause surgical errors, medication errors and overprescribed medication.
An estimated 6 to 8 out of 1,000 children born in the United States suffer a serious birth injury each year. Not correctly monitoring the child throughout delivery, not correctly implementing birthing techniques or not diagnosing a health problem with the mother during pregnancy are all instances of medical malpractice that can lead to long-term or lifelong health issues.
Nursing Home Neglect and Abuse
The 1987 Nursing Home Reform Act created a Bill of Rights for nursing home residents meant to protect and ensure their physical, emotional and social health. When a nursing home institution or staff neglects those rights and your family member is harmed 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 medical professional does not inform you of risks, or does not obtain your consent before treatment, it is an outrageous infringement on your rights.
At Burger Law, our Cape Girardeau, MO medical malpractice lawyers have experience with every kind of negligence claim. We know the catastrophic consequences a healthcare professional's or institution's thoughtlessness can cause, and the anger and sorrow that accompanies learning that your trust was betrayed. We hold at-fault doctors responsible and get our Cape Girardeau, MO clients the great 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 breached the standard of care. Reach out to our medical malpractice lawyers in Cape Girardeau, MO at once at (314) 500-HURT.
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Medical Malpractice Cases Won
Check out the links below to see several of the latest victories Burger Law's medical malpractice lawyers have gotten for our clients in Cape Girardeau, 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
How Medical Malpractice Lawyers in Missouri Can Help
Medical malpractice lawsuits are infamously tough to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, determination and prowess to secure you the best possible financial recovery you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Get working on your case straight away
- Connect you with honest and accomplished physicians to finally get you the medical treatment you need
- Conduct a comprehensive investigation, including procuring medical records, qualified testimony and taking depositions of the defendant
- Confer with our network of Cape Girardeau, MO medical experts to corroborate standard of care in your case, demonstrate how the care you were provided with was substandard and prove negligence
- Offer thoughtful, sound and honest legal direction
- Make sure you informed throughout your suit so you are aware of what is going on and have all the information you need to make the best decision for your family
- Oversee every legal aspect of your case so you can spend your energy on healing
- Converse with with economic experts to exactly value your damages
- Negotiate with the insurance adjusters to deliver you a full 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 most residents of Cape Girardeau, MO does not have the resources and legal know-how to combat the expensive defense teams of doctors and large hospitals. That is why our Cape Girardeau, MO medical malpractice lawyers operate on a contingency fee basis. We charge no attorneys fees until we get you the great compensation you are owed. We have committed our careers to making sure that the injured and vulnerable in Cape Girardeau, MO have access to the highest form of legal representation, one that rivals and surpasses that of large insurance companies. Our medical malpractice lawyers always work to remove every barrier standing between you and justice.
What You Need in a Medical Malpractice Claim
Not every mistake committed by medical professional constitutes malpractice. In order to be awarded compensation for improper care in Cape Girardeau, MO, you must demonstrate four things. Your medical malpractice lawyers from Burger Law will help you demonstrate 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 commonly not hard to prove.
- The doctor or healthcare provider was breached the standard of care. You need to be able to demonstrate that a competent doctor in the same field, in the same geographical location caring for the same health problem, would not have committed the same mistake.
- The doctor’s negligence directly caused you injured. This can frequently be difficult to prove, as patients under a physician's care are usually already sick or injured.
- That the injury caused the patient damages. Examples 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 opines that a) the doctor did not offer the care that a careful healthcare provider would have in the same situation, and b) the negligence caused the alleged harm. Our medical malpractice lawyers have a wealth of experienced and professional medical connections in Cape Girardeau and throughout Missouri who will help authenticate your claim.
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What Compensation Can I Get? | Cape Girardeau, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you get usually falls into two categories: economic damages, which look to compensate you for the financial loss you have undergone owing to a doctor's negligence; and noneconomic damages, which seek to compensate for the less tangible ways in which your injuries have impacted your life:
- Economic damages include:
- Lost wages
- Lost earning potential if the medical negligence caused a disability that does not allow you to perform the tasks of your job anymore
- Medical expenses, such as:
- Follow up appointments
- Physical rehabilitation
- Medication expenses
- In-home medical care
- Assistive devices such as wheelchairs or required 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
- Physical impairment
- Loss of capacity to enjoy life
- Loss of consortium
Burger Law's medical malpractice lawyers work relentlessly until you get every dollar that you deserve. We know that you can never really recover from some injuries, but we fight to ensure that you get justice.
Malpractice cases diverge from other personal injuries in Missouri in two key details. 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 physicians and hospitals. The bill establishes "damage caps" on how much you can be awarded 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? | Cape Girardeau, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are greater because they impact your ability to carry out basic tasks and to find enjoyment in life. Your Burger Law malpractice lawyers will help you ascertain if your injury can be seen as 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 Cape Girardeau, MO?
If you or someone you care about were injured by a physician's substandard care in Cape Girardeau, MO, it is crucial to call medical malpractice lawyers at once. While most personal injury cases have a statute of limitation of five years in Missouri, medical malpractice cases only have a time limit of two years, pursuant 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 notable 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 did not 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 malpractice, you have until their 20th birthday.
Do not wait. Reach out to the Burger Law Cape Girardeau, MO medical malpractice lawyers today. We start working on your case at once and do not stop until you receive full compensation . Delaying could create complications your claim and could make it hard for even the best medical malpractice lawyers to prove the full consequences of your damages. Call Burger Law's Cape Girardeau, MO medical malpractice lawyers immediately at (314) 500-HURT.
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Medical Malpractice Lawyers Cape Girardeau, MO
No one deserves to have their life halted because a physician gave them substandard care. Burger Law's Cape Girardeau, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in Cape Girardeau, MO. We fight hard for our clients and work relentlessly to get them the great results they need to move forward with their lives. Our medical malpractice lawyers have spent the last three decades fighting back against bullies and standing up for the "little guy." We will not let medical professionals, large hospitals take advantage of your vulnerability. Call Burger Law's Cape Girardeau, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.