Medical Malpractice Lawyers Clayton, Missouri

Medical Malpractice Lawyers in Clayton, Missouri. If you or someone you love were injured because a doctor did not give you the proper treatment that you deserved, call Burger Law right away at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get great results for our clients in Clayton and throughout Missouri.

You do not have to pay because a physician, medical institution or other healthcare professional in Clayton, MO did not respect your health. When we get medical treatment, we do so under the assumption that we are placing our well-being — and occasionally even our lives — in trustworthy hands. When doctors are negligent and you end up with even worse illnesses or harm as a consequence, trust in the veteran and knowledgeable Clayton, MO medical malpractice lawyers of Burger Law to deliver you justice and the best possible compensation. Not only are we compassionate and devoted to the injured in Clayton, MO, but we are more aggressive than the majority of law firms in filing litigation and not waiting around for the at-fault doctor to take accountability. Our medical malpractice lawyers want healthcare professionals and their insurance company to understand that we are persistent and will not take anything but maximum compensation. Negligent health care can have devastating, permanent repercussions, and in the worst cases can even cause wrongful death.

In our 30 years of experience fighting 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 someone you love has been hurt by a negligent medical professional in Clayton, MO, reach out to Burger Law's medical malpractice lawyers straight away 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 | Clayton, MO Medical Malpractice Lawyers

Research by John Hopkins Medicine found that one-tenth of all deaths in the U.S. are because of medical error. Just one percent of physicians are responsible for nearly 33 percent of medical malpractice claims. Too often, negligent doctors are permitted to keep practicing without any penalty. But when the state of Missouri does not want to hold at-fault doctors accountable, 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 recovering damages. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice cases. You need devoted and veteran Missouri medical malpractice lawyers to ensure you are awarded the best possible financial recovery you are owed.

Who Your Medical Malpractice Lawyers in Clayton, MO Can Hold Responsible in Your Case

We often automatically think of doctors when we think of medical malpractice, there are many parties that may be to blame for medical negligence in your case. The state of Missouri defines a “healthcare provider” as a

Malpractice cases are typically complex; it may not be immediately clear who was liable, or many parties might be at fault. The trustworthy and talented Clayton, MO medical malpractice lawyers at Burger Law will perform a full investigation into your injuries and make certain that each party that caused you harm is held responsible for their careless actions.

Examples of Medical Malpractice in Clayton, MO

Medical negligence transpires when a healthcare professional breaches 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 Clayton, MO medical malpractice lawyers have seen that take place in many different ways:

Failure to Diagnose or Misdiagnosis

This is the most common reason for medical malpractice suits that occur in outpatient care. Roughly 12 million people in United States are misdiagnosed every year. Catching medical problems early on is critical in getting the most favorable results for a patient. A misdiagnosis, or missing a diagnosis, can lead to a delay to the care you seriously require to become healthier, or can lead to incorrect care that worsens your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most life-threatening health conditions, for instance:

• 37.8 percent for cancer
• 22.8 percent for vascular events
• 13.5 percent for infections

Surgical Errors

Surgical errors are the most frequent medical malpractice claim related to in-hospital treatment. There are a minimum of 4,000 surgical mistakes in the United States annually, and frighteningly, the most common example is performing surgery on an erroneous body part. Other instances can include accidental incisions, anesthesia mistakes, foreign objects like sponges being left inside the patient, infections or failure to treat complications emerge after the surgery.

Medication Errors

An estimated 7,000 to 9,000 people nationwide die every year due to medication errors. Examples can include not being aware of a patient's allergies, giving an incorrect 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 significant contributor to the opioid crisis in the United States.

Unnecessary Care

Unnecessary medical care costs roughly $210 billion each year. John Hopkins Medicine surveyed 2,106 physicians and found that physicians themselves believe 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
• 11.1 percent of procedures
• 20.6 percent of all medical treatment

Unneeded care can cause surgical errors, medication errors and overprescribed medication.

Birth Injuries

An estimated 6 to 8 out of 1,000 children born in the United States sustain a significant birth injury Annually. Not correctly monitoring the baby during birth, not properly utilizing birthing procedures or not diagnosing a health condition with the mother during pregnancy are all examples of medical negligence that can result in long-term or lifelong consequences.

Nursing Home Neglect and Abuse

The 1987 Nursing Home Reform Act established a Bill of Rights for nursing home residents meant to safeguard and guarantee their physical, emotional and social well-being. When a nursing home institution or staff does not ensure those rights and the person you care about is consequently injured, the medical malpractice lawyers of Burger Law will hold them to blame.

Failure to Inform or Lack of Consent

Everyone has an innate right to make choices for ourselves. When a healthcare professional does not inform you of risks, or does not acquire your consent before treatment, it is an appalling infringement on your rights.

At Burger Law, our Clayton, MO medical malpractice lawyers have experience with every sort of malpractice claim. We know the cataclysmic repercussions a healthcare professional's or institution's carelessness can cause, and the exasperation and sorrow that comes with finding out that your trust was broken. We hold careless doctors accountable and win our Clayton, MO clients the great financial recovery they deserve and require to move on and be made whole again. Our medical malpractice lawyers also have extensive medical knowledge and will be able to determine exactly how your doctor breached the standard of care. Get in touch with our medical malpractice lawyers in Clayton, MO now at (314) 500-HURT.

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Medical Malpractice Cases Won

Check out the following links to see some of the recent successes Burger Law's medical malpractice lawyers have won for our clients in Clayton, 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 notoriously hard to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, perseverance and savvy to secure you the full compensation you know you are owed. When you hire us, our Missouri medical malpractice lawyers:

• Start working on your claim straight away
• Connect you with honest and competent doctors to finally get you the medical treatment you need
• Carry out a complete investigation, including procuring medical records, expert testimony and taking depositions of the defendant
• Work alongside our team of Clayton, MO medical experts to determine standard of care in your case, demonstrate how the care you were provided with was below standard and prove negligence
• Offer sympathetic, wise and trustworthy legal guidance
• Make sure you informed through the duration of 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 healing
• Consult 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 trial when the insurance company does not want to offer what you deserve in mediation

At Burger Law, we know that the average person in Clayton, MO does not have access to the resources and legal proficiency to stand up to the expensive defense teams of doctors and large hospitals. That is why our Clayton, MO medical malpractice lawyers work on a contingency fee basis. We charge no attorneys fees until we get you the best possible compensation you are owed. We have dedicated our lives to ensuring that the injured and vulnerable in Clayton, MO have access to the highest quality legal advocacy, one that compares with and surpasses that of large corporations. Our medical malpractice lawyers always work to get rid of every hurdle standing between you and justice.

What You Need in a Medical Malpractice Claim

Not every mistake carried out by medical professional amounts to malpractice. In order to get compensation for improper treatment in Clayton, 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 breached the standard of care. You need to be able to demonstrate that a competent medical professional in the same practice area, in the same geographical location treating the same health issue, would not have made the same mistake.
3. The doctor’s violation of the standard of care directly caused you injured. This is often difficult to prove, as patients being treated by a physician are normally already sick or injured.
4. That the injury caused the patient damages. Instances can include physical pain, a disability, additional medical expenses, or loss of earning capacity.

In Missouri, you will also need to include an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your claim, under Missouri Revised Statute §538.225. This is a written opinion from a a medical professional in the same field that opines that a) the doctor did not offer the treatment that a careful healthcare provider would have in the same situation, and b) the negligence contributed to the alleged damages. Our medical malpractice lawyers have a large network of experienced and qualified medical connections in Clayton and throughout Missouri who will help back up your claim.

What Compensation Can I Collect? | Clayton, MO Medical Malpractice Lawyers

The compensation your medical malpractice lawyers will help you recover typically falls into two categories: economic damages, which seek to compensate you for the financial loss you have sustained due to a physician's substandard care; 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 potential if the medical negligence caused a disability that does not permit you to conduct the tasks 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 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
  • Inconvenience
  • Physical impairment
  • Disfigurement
  • Loss of capacity to enjoy life
  • Loss of consortium

Burger Law's medical malpractice lawyers work tirelessly until you get every cent that you deserve. We know that some injuries are impossible to really heal from, but we fight to make sure that you get justice.

Malpractice cases differ from other personal injuries in Missouri in two essential details. 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 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? | Clayton, MO Medical Malpractice Lawyers

The damage caps for catastrophic injuries are greater because they impact your ability to perform daily tasks and to find enjoyment in life. Your Burger Law malpractice lawyers will help you determine if your injury can be viewed 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 Clayton, MO?

If you or a family member were injured by a medical professional's negligence in Clayton, MO, it is crucial to contact medical malpractice lawyers straight away. While most personal injury cases have a time limit of five years in Missouri, medical malpractice claims 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 important 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 loved one was under 18 at the time of the substandard care, you have until their 20th birthday.

There is no time to wait. Contact the Burger Law Clayton, MO medical malpractice lawyers straight away. We get working on your case at once and do not rest until you receive full compensation . Waiting could bring difficulties to your suit and could make it hard for even the best medical malpractice lawyers to demonstrate the full extent of your damages. Call Burger Law's Clayton, MO medical malpractice lawyers today at (314) 500-HURT.

No one deserves to have their life turned upside down because a healthcare professional was negligent in their care. Burger Law's Clayton, 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 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 doctors, large corporations abuse your vulnerability. Call Burger Law's Clayton, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.