Medical Malpractice Lawyers De Kalb,
You should not have to pay because a doctor, medical institution or other healthcare professional in De Kalb, MO gave you substandard care. When we get medical attention, 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 , leaving you with even worse illnesses or harm as a consequence, believe in the veteran and talented De Kalb, MO medical malpractice lawyers of Burger Law to secure you justice and maximum financial compensation. Not only are we understanding and dedicated to our De Kalb, MO clients, but we are more aggressive than the majority of law firms in filing lawsuits and not waiting around for the negligent doctor to take responsibility. Our medical malpractice lawyers want healthcare professionals and their insurance company to understand that we mean business and will not take anything but the best possible financial recovery. Negligent health care can have horrible, life-long consequences, and in the dire circumstances can even lead to wrongful death.
In our three decades of experience pushing back against bullies and getting great results for the injured, we have won our clients over $175 million in verdicts and settlements. If you or someone you care about has been harmed by a thoughtless doctor in De Kalb, MO, reach out to Burger Law's medical malpractice lawyers immediately at or contact us online.
See the potential value of your claim by filling out our free personal injury calculator.
Medical Malpractice Statistics | De Kalb, MO Medical Malpractice Lawyers
Research by John Hopkins Medicine found that one-tenth of all fatalities in the U.S. are owing to medical error. Just one percent of physicians account for almost a third 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 liable doctors responsible, you can be confident the medical malpractice lawyers of Burger Law will.
In Missouri, less than a third of medical malpractice claims end with the plaintiff collecting compensation. Still, between 2009 and 2018 a full $631.11 million was awarded in medical malpractice cases. You need committed and accomplished Missouri medical malpractice lawyers to ensure you get the best possible compensation you deserve.
Who Your Medical Malpractice Lawyers in De Kalb, MO Can Hold Responsible in Your Claim
We frequently 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 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 suits are typically complicated; it may not be immediately clear who was responsible, or many people could be responsible. The trusted and knowledgeable De Kalb, MO medical malpractice lawyers at Burger Law will carry out a complete investigation into your injuries and ensure that each party that caused you harm is held accountable for their negligent actions.
Examples of Medical Malpractice in De Kalb, MO
Medical negligence takes place when a healthcare professional breaches the standard of care, which is how a competent doctor in the same field and same geographic location would have addressed your health issue. Our De Kalb, MO medical malpractice lawyers have seen that transpire in a variety of ways:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice suits related to out-of-hospital care. More or Less 12 million people in United States are misdiagnosed each year. Catching medical problems early on is critical in achieving the best possible outcome for a patient. A misdiagnosis, or missing a diagnosis, can result in a delay to the treatment you acutely need to become healthier, or can result in improper care that aggravates your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most deadly health conditions, for example:
- 37.8 percent for cancer
- 22.8 percent for vascular events
- 13.5 percent for infections
Surgical errors are the most common medical malpractice claim when it comes to in-hospital treatment. There are a minimum of 4,000 surgical mistakes in the United States annually, and frighteningly, the most common instance is performing surgery on the wrong organ. Other examples can include accidental incisions, anesthesia errors, foreign objects like sponges being left inside the patient, infections or failure to address problems surface after the procedure.
An estimated 7,000 to 9,000 people nationwide die every year owing to medication errors. Examples can include not being aware of a patient's allergies, giving the wrong medication, giving the wrong dosage or failing to recognize interactions with other drugs.
Another instance of medication errors is overprescribing medications. Studies show that overprescribing is a major factor in the opioid crisis in the United States.
Unnecessary medical care costs approximately $210 billion annually. John Hopkins Medicine asked 2,106 doctors and discovered that physicians themselves are under the impression that 15 to 30 percent of medical care is not needed, including:
- Over a fifth of prescription medications
- Almost a quarter of medical tests
- More than one-tenth of procedures
- 20.6 percent of medical care in general
Unnecessary treatment can result in surgical errors, medication errors and overprescribed medication.
On average, 6 to 8 out of a thousand children born in the United States experience a serious birth injury Every year. Not properly observing the baby during delivery, not properly utilizing birthing techniques or not identifying a health issue of the mother during pregnancy are all examples of medical malpractice that can result in long-term or permanent consequences.
Nursing Home Negligence
The 1987 Nursing Home Reform Act established a Bill of Rights for nursing home residents meant to safeguard and ensure their physical, emotional and social well-being. When a nursing home institution or staff does not respect those rights and your loved one is injured as a result, the medical malpractice lawyers of Burger Law will hold them responsible.
Failure to Inform or Lack of Consent
We all have a fundamental right to make choices for ourselves. When a physician neglects to inform you of risks, or fails to secure your consent before treatment, it is a horrible breach of your rights.
At Burger Law, our De Kalb, MO medical malpractice lawyers have experience with every variety of malpractice suit. We know the cataclysmic consequences a healthcare professional's or institution's neglect can cause, and the rage and sorrow that comes with discovering that your trust was broken. We hold negligent doctors to blame and secure our De Kalb, MO clients the full financial recovery they are owed and that they require to move on and be made whole again. Our medical malpractice lawyers also have substantial medical knowledge and will be able to pinpoint how your doctor breached the standard of care. Call our medical malpractice lawyers in De Kalb, MO at once at .
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Medical Malpractice Cases Won
Check out the links below to see several of the recent victories Burger Law's medical malpractice lawyers have won for our clients in De Kalb, 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 cases are notably hard to win. That is why you need excellent medical malpractice lawyers that have the experience, knowledge, tenacity and savvy to secure you the full compensation you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Get started on your case straight away
- Connect you with trusted and accomplished physicians to finally get you the medical attention you deserve
- Conduct a comprehensive investigation, including acquiring medical records, professional testimony and taking official statements from the defendant
- Work with our network of De Kalb, MO medical experts to ascertain standard of care in your case, demonstrate how the care you were provided with was not up to the standard and prove negligence
- Offer thoughtful, wise and honest legal guidance
- Keep you informed throughout your case so you are not left in the dark and you know everything you need to make the best decision for your family
- Oversee every legal aspect of your case so you can focus on recovering
- Confer with with economic experts to determine exactly how much your claim is worth
- Negotiate with the insurance adjusters to win 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 people in De Kalb, MO does not have the resources and legal comprehension to stand up to the high-priced defense teams of doctors and large insurance companies. For that reason, our De Kalb, MO medical malpractice lawyers work on a contingency fee basis. You do not owe us anything until we get you the great compensation you deserve. We have pledged our lives to making sure that the injured and vulnerable in De Kalb, MO have access to the highest quality legal advocacy, one that rivals and eclipses that of large insurance companies. Our medical malpractice lawyers always work to abolish every obstacle standing between you and justice.
What You Need in a Medical Malpractice Claim
Not every mistake carried out by healthcare providers amounts to malpractice. In order to receive compensation for negligent care in De Kalb, MO, you must conclusively show four things. Your medical malpractice lawyers from Burger Law will help you demonstrate that:
- A doctor-patient relationship was established. This means proof that you hired the doctor and the doctor agreed to be hired. This is typically not difficult to prove.
- The doctor or healthcare provider was negligent. You need to be able to prove that a capable medical professional in the same field, in the same geographical location treating the same health problem, would not have committed the same mistake.
- The doctor’s negligence directly caused the injury. This can often be difficult to prove, as patients under a physician's care are customarily already sick or injured.
- That the injury caused the patient damages. Instances can include physical pain, impairment, additional medical costs, or loss of future earning potential.
In Missouri, you will also need to include an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your suit, under 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 careful healthcare provider would have under the same circumstances, and b) the negligence contributed to the alleged harm. Our medical malpractice lawyers have a wealth of experienced and professional medical connections in De Kalb and throughout Missouri who will help substantiate your claim.
What Compensation Can I Get? | De Kalb, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you collect generally falls into two categories: economic damages, which are intended to compensate you for the monetary damages you have experienced owing to a physician's substandard care; and noneconomic damages, which are intended 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 a disability that does not allow you to carry out the duties of your job anymore
- Medical costs, for example:
- Follow up appointments
- Physical rehabilitation
- 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
- Physical impairment
- Loss of capacity to enjoy life
- Loss of consortium
Burger Law's medical malpractice lawyers work tirelessly until you get every dollar that you deserve. We know that you can never really recover from some injuries, but we fight to make certain that your pain and suffering is alleviated.
Malpractice cases diverge from other personal injuries in Missouri in a couple of important aspects. 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 put into law Senate Bill 239 in an attempt to lessen insurance premiums for doctor's and hospitals. The bill enforces "damage caps" on how much compensation you can collect in a medical malpractice case 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? | De Kalb, MO Medical Malpractice Lawyers
The limits for catastrophic injuries are greater because they affect your ability to perform basic tasks and to enjoy life. Your Burger Law malpractice lawyers will help you establish if your injury can be viewed as 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"
How Long Do I Have to File a Medical Malpractice Claim in De Kalb, MO?
If you or someone you care about were harmed by a physician's substandard care in De Kalb, MO, it is vital to call medical malpractice lawyers immediately. 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 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 under 18 on the date of the malpractice, you have until their 20th birthday.
There is no time to wait. Get in touch with the Burger Law De Kalb, MO medical malpractice lawyers now. We begin working on your case at once and do not let up until you recover full compensation . Delaying could bring difficulties to your claim and could make it tough for even the best medical malpractice lawyers to prove the full consequences of your damages. Call Burger Law's De Kalb, MO medical malpractice lawyers today at .
Medical Malpractice Lawyers De Kalb, MO
No one deserves to have their life turned upside down because a physician gave them substandard care. Burger Law's De Kalb, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in De Kalb, 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 medical professionals, large corporations manipulate your vulnerability. Call Burger Law's De Kalb, MO medical malpractice lawyers today at or fill out our online form to start on your road to recovery.