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Medical Malpractice Lawyers De Soto, Missouri
Medical Malpractice Lawyers in De Soto, Missouri. If you or someone you care about were hurt because a physician did not provide you with the competent treatment that you were owed, call Burger Law straight away at (314) 500-HURT or fill out our online form. Our medical malpractice lawyers always get the best possible compensation for our clients in De Soto and throughout Missouri.
You do not have to pay because a doctor, medical institution or other medical professional in De Soto, MO did not respect your health. When we get medical care, we do so believing that we are placing our well-being — and sometimes even our lives — in trustworthy hands. When doctors are negligent , leaving you with even worse sickness or harm as a consequence, trust in the seasoned and savvy De Soto, MO medical malpractice lawyers of Burger Law to get you justice and full financial compensation. Not only are we understanding and devoted to our De Soto, MO clients, but we are more aggressive than most law firms in filing litigation and not waiting around for the negligent doctor to take responsibility. Our medical malpractice lawyers want healthcare professionals and their insurance company to realize that we are persistent and will accept nothing but a full financial recovery. Negligent health care can have horrible, life-long repercussions, and in the worst cases can even cause wrongful death.
In our 30 years of experience fighting back against bullies and getting great results for the injured, we have secured our clients over $175 million in verdicts and settlements. If you or a loved one has been harmed by a thoughtless physician in De Soto, MO, reach out to Burger Law's medical malpractice lawyers now at (314) 500-HURT or contact us online.
See the potential value of your claim by using our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Medical Malpractice Statistics | De Soto, MO Medical Malpractice Lawyers
A study by John Hopkins Medicine found that one in ten of all fatalities nationwide are because of medical error. Just one percent of physicians account for about a third of medical malpractice cases. Too often, negligent doctors are permitted to continue practicing without any discipline. 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 33 percent of medical malpractice claims end with the plaintiff collecting compensation. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice claims. You need devoted and accomplished Missouri medical malpractice lawyers to make certain you are awarded the maximum compensation you are owed.
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 De Soto, MO Can Hold Accountable in Your Case
We usually immediately think of doctors when we think of medical malpractice, there are many parties that may be liable for medical negligence in your case. 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 complex; it may not be clear right away who was responsible, or many people could be responsible. The dependable and savvy De Soto, 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 responsible for their careless actions.
Examples of Medical Malpractice in De Soto, MO
Medical negligence transpires when a healthcare professional breaks 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 De Soto, 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 claims related to out-of-hospital treatment. Roughly 12 million people in U.S. are misdiagnosed annually. Diagnosing health issues early on is crucial in attaining the most favorable results for a patient. A misdiagnosis, or failing to diagnose, can result in a delay to the treatment you acutely need to become healthier, or can lead to improper treatment that aggravates 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 mistakes are the most frequent medical malpractice case related to in-hospital treatment. There are at least 4,000 surgical errors in the United States each year, and frighteningly, the most common example is operating on an incorrect body part. Other examples can include accidental incisions, anesthesia mistakes, foreign objects like scissors being left inside the patient, infections or failure to address problems arising from the procedure.
An estimated 7,000 to 9,000 people in the U.S. die annually because of mistakes when administering medication. Examples can include not being aware of a patient's allergies, giving an incorrect medication, giving the wrong dosage or neglecting to recognize interactions with other drugs.
Another instance of medication errors is overprescribing medications. Studies show that overprescribing is a substantial factor in the opioid crisis in the United States.
Unnecessary medical care costs roughly $210 billion annually. John Hopkins Medicine surveyed 2,106 physicians and discovered that doctors themselves are of the opinion that 15 to 30 percent of medical care is unnecessary, including:
- 22 percent of prescription medications
- Almost a quarter of medical tests
- 11.1 percent of procedures
- Over a fifth of all medical care
Unneeded treatment can lead to surgical mistakes, medication errors and overprescribed medication.
Approximately 6 to 8 out of 1,000 children born in the United States experience a serious birth injury Every year. Not appropriately observing the baby throughout birth, not correctly utilizing birthing techniques or not diagnosing a health condition of the mother during pregnancy are all cases of medical negligence that can cause long-term or permanent health conditions.
Nursing Home Neglect and Abuse
The 1987 Nursing Home Reform Act established a Bill of Rights for nursing home residents meant to safeguard and confirm their physical, emotional and social well-being. When a nursing home institution or staff shirks those rights and the person you love is consequently hurt, the medical malpractice lawyers of Burger Law will hold them responsible.
Failure to Inform or Lack of Consent
Everyone has a fundamental right to make choices for ourselves. When a medical professional neglects to inform you of risks, or does not acquire your consent before treatment, it is an appalling breach of your rights.
At Burger Law, our De Soto, MO medical malpractice lawyers have seen it all. We know the traumatic consequences a healthcare professional's or institution's carelessness can cause, and the rage and grief that accompanies discovering that your trust was betrayed. We hold at-fault doctors to blame and get our De Soto, MO clients the great financial recovery they are owed and that they need to move on and fully recover. Our medical malpractice lawyers also have exhaustive medical knowledge and will be able to identify precisely how your doctor violated the standard of care. Contact our medical malpractice lawyers in De Soto, MO now at (314) 500-HURT.
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Medical Malpractice Cases Won
Browse the links below to see several of the recent successes Burger Law's medical malpractice lawyers have gotten for our clients in De Soto, 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 difficult to win. That is why you need excellent medical malpractice lawyers that have the experience, knowledge, perseverance and talent to get you the great financial recovery you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Start working on your case at once
- Connect you with honest and competent doctors to finally get you the medical attention you deserve
- Perform a complete investigation, including collecting medical records, expert testimony and taking depositions of the defendant
- Converse with our network of De Soto, MO medical experts to establish standard of care in your case, show how the care you were provided with was not up to the standard and prove negligence
- Offer thoughtful, knowledgeable and trustworthy legal guidance
- Make sure you informed through the duration of your case 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 recovering
- Consult with with economic experts to precisely value your damages
- Negotiate with the insurance adjusters to deliver 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 most residents of De Soto, MO does not have the resources and legal expertise to counter the expensive defense teams of doctors and large corporations. That is why our De Soto, MO medical malpractice lawyers work on a contingency fee basis. You do not pay us any fees until we get you the full compensation you are owed. We have committed our lives to ensuring that the injured and vulnerable in De Soto, MO have access to the highest quality legal representation, one that matches and eclipses that of large hospitals. Our medical malpractice lawyers always work to abolish every impediment standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every error carried out by healthcare providers constitutes malpractice. In order to receive compensation for improper treatment in De Soto, 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 amounts to proof that you hired the doctor and the doctor agreed to be hired. This is generally very easy to prove.
- The doctor or healthcare provider was negligent. You need to be able to prove that a competent physician in the same field, in the same geographical location treating the same health condition, would not have made the same mistake.
- The doctor’s breach of the standard of care directly caused you injured. This can often be difficult to prove, as patients under a doctor’s care are normally already sick or injured.
- That the injury caused the patient damages. Examples include physical pain, a disability, additional medical costs, or loss of earning capacity.
In Missouri, you will also be required to include an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your lawsuit, according to Missouri Revised Statute §538.225. This is a written opinion from a legally qualified healthcare provider that states that a) the doctor did not give you the treatment that a careful healthcare provider would have in the same situation, and b) the failure contributed to the alleged harm. Our medical malpractice lawyers have a large network of accomplished and professional medical connections in De Soto and throughout Missouri who will help back up your claim.
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What Compensation Can I Recover? | De Soto, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you collect usually falls into two categories: economic damages, which are intended to compensate you for the financial loss you have undergone because of a physician's negligence; 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 a disability that does not permit you to conduct the tasks of your job anymore
- Medical costs, for instance:
- Subsequent doctors appointments
- Further procedures
- 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
- Physical impairment
- Loss of capacity to enjoy life
- Loss of consortium
Burger Law's medical malpractice lawyers work around the clock until you get every nickel that you are owed. We know that some injuries are impossible to really heal from, but we fight to make sure that you are made whole again.
Malpractice cases differ from other personal injuries in Missouri in two key aspects. 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 lessen insurance premiums for medical liability. The bill establishes "damage caps" on the amount you can recover 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 Soto, 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 enjoy life. Your Burger Law malpractice lawyers will help you establish if your injury can be viewed 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 De Soto, MO?
If you or a family member were injured by a physician's substandard care in De Soto, MO, it is essential to call 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, according 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 your claim. 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 your family member was under 18 on the date of the negligent, you have until they turn 20.
Do not delay. Contact the Burger Law De Soto, MO medical malpractice lawyers immediately. We begin working on your case right away and do not stop until you recover full compensation . Waiting could create complications your case and could make it tough for even the best medical malpractice lawyers to demonstrate the full scope of your damages. Call Burger Law's De Soto, MO medical malpractice lawyers immediately at (314) 500-HURT.
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Medical Malpractice Lawyers De Soto, MO
No one deserves to have their life disrupted because a medical professional was negligent in their care. Burger Law's De Soto, 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 30 years 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 De Soto, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.