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Medical Malpractice Lawyers Clayton, Missouri

Medical Malpractice Lawyers in Clayton, Missouri. If you or someone you care about were injured because a physician did not offer you the adequate care that you deserved, call Burger Law now at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get great financial recoveries for the injured and vulnerable 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 search out medical treatment, we do so believing that we are placing our well-being — and at times even our lives — in trustworthy hands. When doctors are negligent , leaving you with even worse illnesses or injuries as a result, believe in the seasoned and skilled Clayton, MO medical malpractice lawyers of Burger Law to get you justice and maximum financial compensation. Not only are we sympathetic and devoted to the injured in Clayton, MO, 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 mean business and will accept nothing but maximum compensation. Negligent health care can have horrible, life-long consequences, and in the most tragic circumstances can even cause wrongful death.

In our 30 years of experience fighting 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 Clayton, MO, get in touch with Burger Law's medical malpractice lawyers immediately 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 | Clayton, MO Medical Malpractice Lawyers

Data from John Hopkins Medicine found that 10 percent of all deaths in the United States are due to medical error. Just one percent of doctors are responsible for just about 33 percent of medical malpractice lawsuits. Too often, negligent doctors are permitted to keep practicing without any punishment. But when the state of Missouri does not want to hold liable doctors responsible, you can be sure the medical malpractice lawyers of Burger Law will.

In Missouri, less than a third of medical malpractice lawsuits end with the plaintiff collecting compensation. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice claims. You need committed and seasoned Missouri medical malpractice lawyers to make certain you are awarded the great financial recovery you deserve.

Who Your Medical Malpractice Lawyers in Clayton, MO Can Hold Accountable in Your Claim

We often automatically think of doctors when we think of medical malpractice, there are many people or institutions that may be to blame for 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 lawsuits are typically complex; it may not be clear straight away who was liable, or many people could be liable. The trusted and skilled Clayton, MO medical malpractice lawyers at Burger Law will carry out a full investigation into your claim and make certain that every party that caused you harm is held accountable for their reckless actions.

Examples of Medical Malpractice in Clayton, MO

Medical negligence takes place when a healthcare professional breaches the standard of care, which is how a capable doctor in the same field and same geographic location would have addressed your health problems. Our Clayton, 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 that take place in out-of-hospital treatment. More or Less 12 million people in U.S. are misdiagnosed each year. Catching health problems early on is key in getting the best possible outcome for a patient. A misdiagnosis, or failing to diagnose, can lead to a delay to the treatment you desperately need to get better, or can lead to inappropriate care that compounds your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most deadly health conditions, such as:

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

Surgical Errors

Surgical mistakes are the most frequent medical malpractice claim related to inpatient treatment. There are a minimum of 4,000 surgical mistakes nationwide annually, and frighteningly, the most common instance is performing surgery on the wrong body part. Other examples can include accidental incisions, anesthesia errors, foreign objects like sponges being left inside the patient, infections or failure to address issues arising from the surgery.

Medication Errors

An estimated 7,000 to 9,000 people in the U.S. die every year owing 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 failing to identify interactions with other drugs.

Another instance of medication errors is overprescribing medications. Studies show that overprescribing is a substantial contributor to the opioid crisis in the U.S.

Unnecessary Care

Unnecessary medical care costs roughly $210 billion each year. John Hopkins Medicine surveyed 2,106 doctors and found that physicians themselves think that 15 to 30 percent of medical care is not needed, including:

  • 22 percent of prescription medications
  • 24.9 percent of medical tests
  • 11.1 percent of procedures
  • More than a fifth of all medical treatment

Unneeded care can lead to surgical errors, medication errors and overprescribed medication.

Birth Injuries

On average, 6 to 8 out of a thousand children born in the United States suffer a serious birth injury Every year. Not correctly monitoring the baby throughout delivery, not appropriately implementing birthing procedures or not diagnosing a health problem with the mother during pregnancy are all cases of medical malpractice that can result in long-term or lifelong health issues.

Nursing Home Negligence

The 1987 Nursing Home Reform Act established a Bill of Rights for nursing home residents meant to shield and ensure their physical, emotional and social health. When a nursing home or its staff neglects those rights and the person you love is injured as a result, the medical malpractice lawyers of Burger Law will hold them to blame.

Failure to Inform or Lack of Consent

We all have an inherent right to make decisions for ourselves. When a healthcare institution fails to inform you of risks, or does not obtain your consent before a procedure, it is an egregious infringement on your rights.

At Burger Law, our Clayton, MO medical malpractice lawyers have experience with every type of malpractice suit. We know the destructive consequences a healthcare professional's or institution's carelessness can cause, and the exasperation and sorrow that accompanies discovering that your trust was betrayed. We hold careless doctors responsible and get our Clayton, MO clients the great financial recovery they are owed and that they require to move on and be made whole again. Our medical malpractice lawyers also have exhaustive medical knowledge and will be able to pinpoint how your doctor violated 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

Take a look at the links below to see several of the latest successes Burger Law's medical malpractice lawyers have gotten for our clients in Clayton, MO:


How Medical Malpractice Lawyers in Missouri Can Help

Medical malpractice lawsuits are notably tough to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, perseverance and savvy to get you the best possible compensation you know you deserve. When you hire us, our Missouri medical malpractice lawyers:

  • Begin working on your claim right away
  • Connect you with trustworthy and accomplished physicians to finally get you the medical treatment you deserve
  • Perform a full investigation, including procuring medical records, expert testimony and taking official statements from the defendant
  • Consult with our team of Clayton, MO medical experts to corroborate standard of care in your case, show how the care you were provided with was below standard and prove negligence
  • Offer empathetic, wise and direct legal advice
  • 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
  • Manage 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 secure you a full settlement offer
  • Take your case to court when the insurance company does not want to be fair in mediation

At Burger Law, we know that most people in Clayton, MO does not have access to the resources and legal proficiency to counter the expensive defense teams of doctors and large hospitals. For that reason, our Clayton, MO medical malpractice lawyers operate on a contingency fee basis. We accept no attorneys fees until we get you the great financial recovery you are owed. We have pledged our lives to making certain that the injured and vulnerable in Clayton, MO have access to the highest quality legal representation, one that matches and exceeds that of large hospitals. Our medical malpractice lawyers always work to abolish every hindrance standing between you and justice.

Basic Requirements for a Medical Malpractice Claim

Not every error committed by medical institution or physician amounts to malpractice. In order to be awarded compensation for improper treatment in Clayton, MO, you must conclusively show four things. Your medical malpractice lawyers from Burger Law will help you show that:

  1. A doctor-patient relationship existed. This amounts to proof that you hired the doctor and the doctor agreed to be hired. This is commonly very easy to prove.
  2. The doctor or healthcare provider was breached the standard of care. You need to be able to show that a competent medical professional in the same field, in the same geographical location treating the same health condition, would not have made the same error.
  3. The doctor’s violation of the standard of care directly caused you injured. This can frequently be difficult to prove, as patients under a doctor’s care are customarily 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 bills, 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, pursuant to 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 prudent healthcare provider would have under similar circumstances, and b) the negligence contributed to the alleged harm. Our medical malpractice lawyers have a large network of accomplished and qualified medical connections in Clayton and throughout Missouri who will help validate your claim.

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

The compensation your medical malpractice lawyers will help you receive generally falls into two categories: economic damages, which seek to compensate you for the financial loss you have sustained because of a doctor's substandard care; and noneconomic damages, which are meant 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 resulted in an impairment that does not permit you to carry out the duties of your job anymore
    • Medical bills, such as:
      • Subsequent doctors appointments
      • Surgeries
      • Physical rehabilitation
      • Medication expenses
      • In-home medical care
      • Assistive devices such as wheelchairs or required 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 relentlessly until you get every dime that you deserve. We know that some injuries are impossible to truly heal from, but we fight to make certain that you get justice.

Malpractice cases diverge from other personal injuries in Missouri in a couple of key manners. Your medical malpractice lawyers at Burger Law will help you understand 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 reduce insurance premiums for medical liability. The bill enforces "damage caps" on how much compensation you can receive in a medical malpractice suit in noneconomic damages. As of 2022, those caps 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 higher because they impact your ability to function in your daily life and to enjoy life. Your Burger Law malpractice lawyers will help you determine if your injury can be considered 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"

What is the Statute of Limitations in a Medical Malpractice Claim in Clayton, MO?

If you or a family member were harmed by a physician's negligence in Clayton, MO, it is imperative to get in touch with medical malpractice lawyers straight away. While most personal injury cases have a statute of limitation of five years in Missouri, medical malpractice cases 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 your claim. There are three notable 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 failed 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.
  3. If you or someone you care about was under 18 at the time of the substandard care, you have until their 20th birthday.

Do not delay. Reach out to the Burger Law Clayton, MO medical malpractice lawyers immediately. We get to work on your case right away and do not stop until you have been fully compensated . Delaying could create complications your case and could make it difficult for even the best medical malpractice lawyers to show the full consequences of your damages. Call Burger Law's Clayton, MO medical malpractice lawyers today at (314) 500-HURT.


Call Burger Law Now

Medical Malpractice Lawyers Clayton, MO

No one deserves to have their life turned upside down because a medical professional gave them substandard care. Burger Law's Clayton, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in Clayton, MO. We fight hard for our clients and work relentlessly to get them the great results they need to recover. 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 healthcare professionals, 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.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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