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Medical Malpractice Lawyers Cape Girardeau, Missouri

Medical Malpractice Lawyers in Cape Girardeau, Missouri. If you or a loved one were harmed because a doctor did not offer you the adequate care that you were owed, call Burger Law today at (573) 500-HURT or fill out our online form. Our medical malpractice lawyers always get great financial recoveries for the injured in Cape Girardeau and throughout Missouri.

You do not have to pay because a doctor, medical institution or other healthcare professional in Cape Girardeau, MO gave you substandard care. When we get medical care, we do so under the assumption that we are placing our health — and at times even our lives — in proficient hands. When doctors are negligent and you end up with even worse illnesses or harm as a consequence, trust in the seasoned and knowledgeable Cape Girardeau, MO medical malpractice lawyers of Burger Law to secure you justice and full 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 litigation and not waiting around for the liable doctor to take responsibility. Our medical malpractice lawyers want healthcare professionals and their insurance company to understand that we are persistent and will not take anything but a full financial recovery. Negligent health care can have devastating, life-long repercussions, and in the worst cases can even lead to wrongful death.

In our three decades of experience fighting back against bullies and getting the best possible results for the injured, we have won our clients over $175 million in verdicts and settlements. If you or a family member has been harmed by a careless physician in Cape Girardeau, MO, get in touch with Burger Law's medical malpractice lawyers now at (573) 500-HURT or contact us online.

See how much compensation you may be able to recover by using our free personal injury calculator.

Medical Malpractice Statistics | Cape Girardeau, MO Medical Malpractice Lawyers

Research by John Hopkins Medicine found that one in ten of all deaths in the U.S. are due to medical error. Just one percent of doctors are responsible for nearly a third of medical malpractice lawsuits. Too often, negligent doctors are allowed to keep practicing without any punishment. But when the state of Missouri does not want to hold at-fault doctors responsible, you can be certain the medical malpractice lawyers of Burger Law will.

In Missouri, less than a third of medical malpractice claims end with the plaintiff recovering compensation. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice cases. You need devoted and accomplished Missouri medical malpractice lawyers to ensure you are awarded the full financial recovery you are owed.

Who Your Medical Malpractice Lawyers in Cape Girardeau, MO Can Hold Liable in Your Claim

We often automatically 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

  • 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 typically complicated; it may not be clear right away who was accountable, or many people could be to blame. The trustworthy and savvy Cape Girardeau, MO medical malpractice lawyers at Burger Law will conduct a complete investigation into your claim and ensure that each party that caused you harm is held responsible for their thoughtless actions.

Examples of Medical Malpractice in Cape Girardeau, MO

Medical negligence occurs when a healthcare professional breaches the standard of care, which is how most doctors in the same practice area and same geographic location would have addressed your health issue. Our Cape Girardeau, MO medical malpractice lawyers have seen that transpire in all sorts of ways:

Failure to Diagnose or Misdiagnosis

This is the most common reason for medical malpractice suits related to out-of-hospital treatment. About 12 million people in United States are misdiagnosed each year. Diagnosing medical problems early on is crucial in attaining the most favorable results for a patient. A misdiagnosis, or failing to diagnose, can lead to a delay to the treatment you desperately need to become healthier, or can lead to unsuitable treatment that aggravates 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 Errors

Surgical mistakes are the most common medical malpractice claim when it comes to in-hospital care. There are a minimum of 4,000 surgical errors in the U.S. every year, and frighteningly, the most common instance is performing surgery on an erroneous body part. Other examples can include accidental cuts, anesthesia mistakes, foreign objects like scissors being left inside the patient, infections or failure to address complications surface after the procedure.

Medication Errors

An estimated 7,000 to 9,000 people in the U.S. die each year owing to mistakes when administering medication. Examples can include not knowing a patient's allergies, giving an incorrect medication, giving an incorrect dosage or neglecting to identify interactions with other drugs.

Another example of medication errors is overprescribing medications. Studies show that overprescribing is a principal factor in the opioid crisis in the U.S.

Unnecessary Care

Unnecessary medical care costs roughly $210 billion every year. John Hopkins Medicine surveyed 2,106 physicians and found that physicians themselves believe 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
  • Over a fifth of medical treatment in general

Unneeded treatment can cause surgical mistakes, medication errors and overprescribed medication.

Birth Injuries

Roughly 6 to 8 out of a thousand children born in the United States sustain a serious birth injury each year. Not correctly observing the baby throughout delivery, not properly using birthing techniques or not identifying a health issue with the mother during pregnancy are all examples of medical negligence that can lead to long-term or permanent consequences.

Nursing Home Neglect and Abuse

The 1987 Nursing Home Reform Act put in place a Bill of Rights for nursing home residents meant to shield and secure their physical, emotional and social well-being. When a nursing home institution or staff does not ensure those rights and the person you love is injured as a result, the medical malpractice lawyers of Burger Law will hold them liable.

Failure to Inform or Lack of Consent

Everyone has a fundamental right to make decisions for ourselves. When a doctor neglects to inform you of risks, or does not secure your consent before treatment, it is a horrible infringement on your rights.

At Burger Law, our Cape Girardeau, MO medical malpractice lawyers have seen it all. We know the destructive consequences a healthcare professional's or institution's negligence can cause, and the anger and sorrow that comes with discovering that your trust was broken. We hold negligent doctors accountable and deliver our Cape Girardeau, MO clients the best possible financial recovery they are owed and that they require to move on and be made whole again. Our medical malpractice lawyers also have considerable medical comprehension and will be able to pinpoint how your doctor breached the standard of care. Contact our medical malpractice lawyers in Cape Girardeau, MO immediately at (573) 500-HURT.

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Medical Malpractice Cases Won

Check out the following links to see several of the recent successes Burger Law's medical malpractice lawyers have gotten for our clients in Cape Girardeau, MO:


How Medical Malpractice Lawyers in Missouri Can Help

Medical malpractice cases are notoriously difficult to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, determination and prowess to secure you the full financial recovery you know you deserve. When you hire us, our Missouri medical malpractice lawyers:

  • Start working on your claim at once
  • Connect you with trustworthy and accomplished doctors to finally get you the medical care you need
  • Perform a comprehensive investigation, including gathering medical records, qualified testimony and taking depositions of the defendant
  • Converse with our network of Cape Girardeau, MO medical experts to demonstrate standard of care in your case, demonstrate how the treatment you were given was below standard and prove negligence
  • Offer thoughtful, sound and honest legal guidance
  • Make sure you informed through the duration of your lawsuit so you are not left in the dark and you have all the information you need to make the best decision for your family
  • Handle every legal aspect of your case so you can focus on healing
  • Confer with with economic experts to determine precisely how much your claim is worth
  • Negotiate with the insurance company to secure you a full settlement offer
  • Take your case to court 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 Cape Girardeau, MO does not have the resources and legal expertise to counter the high-priced defense teams of doctors and large hospitals. For that reason, our Cape Girardeau, MO medical malpractice lawyers operate on a contingency fee basis. You do not owe us anything until we get you the full compensation you deserve. We have dedicated our lives to ensuring that the injured and vulnerable in Cape Girardeau, MO have access to the highest standard of legal advocacy, one that compares with and eclipses that of large insurance companies. Our medical malpractice lawyers always work to abolish every barrier standing between you and justice.

What You Need in a Medical Malpractice Claim

Not every mistake carried out by medical professional constitutes malpractice. In order to be awarded a financial recovery for negligent care in Cape Girardeau, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you prove that:

  1. A doctor-patient relationship was determined. This means proof that you hired the doctor and the doctor agreed to be hired. This is usually very easy to prove.
  2. The doctor or healthcare provider was negligent. You need to be able to demonstrate that a capable doctor in the same practice area, in the same geographical location treating the same medical issue, would not have committed the same mistake.
  3. 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 generally already sick or injured.
  4. That the injury caused the patient harm that they should be compensated for. Instances can include physical pain, impairment, additional medical expenses, 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 lawsuit, following Missouri Revised Statute §538.225. This is a written opinion from a a healthcare professional in the same practice area that opines that a) the doctor did not provide the care that a prudent healthcare provider would have under the same circumstances, and b) the failure caused the alleged injuries. Our medical malpractice lawyers have a massive network of accomplished and qualified medical connections in Cape Girardeau and throughout Missouri who will help back up your claim.

What Compensation Can I Get? | Cape Girardeau, MO Medical Malpractice Lawyers

The compensation your medical malpractice lawyers will help you receive typically falls into two categories: economic damages, which are meant to compensate you for the monetary loss you have experienced owing to a physician's negligence; and noneconomic damages, which are intended 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 resulted in a disability that does not permit you to perform the duties of your job anymore
    • Medical costs, for example:
      • Subsequent doctors appointments
      • Further procedures
      • Physical therapy
      • Medication costs
      • In-home medical care
      • Assistive devices such as crutches or needed 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
    • Inconvenience
    • Physical impairment
    • Disfigurement
    • 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 really heal from some injuries, but we fight to ensure that your pain and suffering is alleviated.

Malpractice cases vary from other personal injuries in Missouri in two important aspects. 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 put into law Senate Bill 239 in an effort to diminish insurance premiums for medical liability. The bill puts in place "damage caps" on how much you can be awarded in a medical malpractice claim 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 affect your ability to function in your daily life and to find enjoyment in life. Your Burger Law malpractice lawyers will help you ascertain if your injury can be considered 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 Cape Girardeau, MO?

If you or someone you care about were harmed by a physician's substandard care in Cape Girardeau, MO, it is vital to reach out to medical malpractice lawyers at once. While most personal injury claims have a time limit of five years in Missouri, medical malpractice claims only have a statute of limitations of two years, pursuant to Missouri Revised Statute §516.105. That means that once you have been harmed your medical malpractice lawyers only have two years to investigate your case and file your claim. There are three key exceptions:

  1. 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.
  2. 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.
  3. If you or your family member was under 18 at the time of the negligent, you have until their 20th birthday.

Do not delay. Get in touch with the Burger Law Cape Girardeau, MO medical malpractice lawyers immediately. We get to work on your case at once and do not stop until you receive the best possible compensation . Waiting could create complications your claim and could make it difficult for even the best medical malpractice lawyers to demonstrate the full impacts of your damages. Call Burger Law's Cape Girardeau, MO medical malpractice lawyers today at (573) 500-HURT.


Call Burger Law Now

Medical Malpractice Lawyers Cape Girardeau, MO

No one deserves to have their life upended because a doctor was negligent in their care. Burger Law's Cape Girardeau, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in the Region. We fight hard for our clients and work tirelessly to get them the great results they need to be made whole again. 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 doctors, large hospitals take advantage of your vulnerability. Call Burger Law's Cape Girardeau, MO medical malpractice lawyers today at (573) 500-HURT or fill out our online form to start on your road to recovery.

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