Medical Malpractice Lawyers Eureka,
You should not have to pay because a doctor, medical institution or other medical professional in Eureka, MO did not respect your health. When we get medical treatment, we do so under the assumption that we are placing our health — and sometimes even our lives — in competent hands. When doctors are negligent and you end up with even worse illnesses or harm as a result, believe in the accomplished and skilled Eureka, MO medical malpractice lawyers of Burger Law to deliver you justice and a full financial recovery. Not only are we compassionate and dedicated to the injured in Eureka, MO, 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 medical professionals and their insurance company to know that we are driven and will not take anything but maximum compensation. Negligent health care can have devastating, life-long repercussions, and in the worst 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 secured our clients over $175 million in verdicts and settlements. If you or someone you love has been injured by a negligent physician in Eureka, MO, get in touch with Burger Law's medical malpractice lawyers straight away at or contact us online.
See how much compensation you may be able to recover by using our free personal injury calculator.
Medical Malpractice Statistics | Eureka, MO Medical Malpractice Lawyers
Data from John Hopkins Medicine found that one in ten of all fatalities 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 continue practicing without any punishment. But when the state of Missouri does not want to hold liable doctors to blame, you can be certain the medical malpractice lawyers of Burger Law will.
In Missouri, less than a third of medical malpractice cases end with the plaintiff recovering damages. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice lawsuits. You need dedicated and seasoned Missouri medical malpractice lawyers to make certain you are awarded the best possible compensation you deserve.
Who Your Medical Malpractice Lawyers in Eureka, MO Can Hold To Blame in Your Claim
We usually immediately 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
- 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 immediately clear who was liable, or many parties could be at fault. The dependable and talented Eureka, MO medical malpractice lawyers at Burger Law will conduct a full investigation into your case and make certain that every party that caused you harm is held accountable for their careless actions.
Examples of Medical Malpractice in Eureka, MO
Medical negligence occurs when a healthcare professional violates the standard of care, which is how most doctors in the same practice area and same geographic location would have addressed your health problems. Our Eureka, MO medical malpractice lawyers have seen that happen in all sorts of ways:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice lawsuits that take place in outpatient care. About 12 million Americans are misdiagnosed each year. Catching health problems early on is critical in achieving the best possible results for a patient. A misdiagnosis, or missing a diagnosis, can result in a delay to the treatment you seriously require to become healthier, or can lead to incorrect care that aggravates your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most grave health conditions, including:
- 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 care. There are at least 4,000 surgical mistakes nationwide every year, and frighteningly, the most common example is operating on the wrong body part. Other examples can include accidental incisions, anesthesia mistakes, foreign objects like scissors being left inside the patient, infections or failure to treat complications show up after the procedure.
An estimated 7,000 to 9,000 people in the United States die annually due 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.
Medication errors can also include overprescribing medications. Studies have found that overprescribing is a substantial factor in the opioid crisis in the U.S.
Unnecessary medical care costs about $210 billion every year. John Hopkins Medicine surveyed 2,106 doctors and learned that physicians themselves are under the impression that 15 to 30 percent of medical care is not needed, including:
- More than one-fifth of prescription medications
- Almost a quarter of medical tests
- 11.1 percent of procedures
- More than one-fifth of medical care in general
Unnecessary care can cause surgical mistakes, medication errors and overprescribed medication.
About 6 to 8 out of 1,000 children born in the United States suffer a significant birth injury Annually. Not correctly observing the child during delivery, not correctly using birthing procedures or not diagnosing a health condition of the mother during pregnancy are all cases of medical malpractice that can result in long-term or permanent health conditions.
Nursing Home Negligence
The 1987 Nursing Home Reform Act created a Bill of Rights for nursing home residents meant to shield and confirm their physical, emotional and social health. When a nursing home or its staff shirks those rights and the person you love is harmed as a result, the medical malpractice lawyers of Burger Law will hold them to blame.
Failure to Inform or Lack of Consent
Everyone has a basic right to make decisions for ourselves. When a healthcare professional does not inform you of risks, or neglects to secure your consent before a procedure, it is a horrible infringement on your rights.
At Burger Law, our Eureka, MO medical malpractice lawyers have experience with every kind of negligence lawsuit. We know the ruinous repercussions a healthcare professional's or institution's negligence can cause, and the exasperation and sorrow that accompanies finding out that your trust was broken. We hold careless doctors liable and get our Eureka, MO clients the full compensation they deserve and require to move on and fully recover. Our medical malpractice lawyers also have exhaustive medical comprehension and will be able to discover exactly how your doctor breached the standard of care. Get in touch with our medical malpractice lawyers in Eureka, MO now at .
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Medical Malpractice Cases Won
Browse the links below to see several of the recent victories Burger Law's medical malpractice lawyers have won for our clients in Eureka, 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
What Medical Malpractice Lawyers in Missouri Can Do For You
Medical malpractice lawsuits are notoriously difficult to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, tenacity and skills to get you the maximum compensation you know you are owed. When you hire us, our Missouri medical malpractice lawyers:
- Begin working on your claim immediately
- Connect you with trustworthy and competent physicians to finally get you the medical treatment you need
- Conduct a complete investigation, including procuring medical records, expert testimony and taking official statements from the defendant
- Work with our network of Eureka, MO medical experts to substantiate standard of care in your case, show how the treatment you were given was substandard and prove negligence
- Offer sympathetic, knowledgeable and straightforward legal direction
- Keep you informed through the duration of your suit so you are not left in the dark and you have all the information you need to make the best decision for your family
- Oversee every legal aspect of your case so you can focus on healing
- Converse with with economic experts to determine exactly how much your claim is worth
- Negotiate with the insurance company 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 be fair in mediation
At Burger Law, we know that most residents of Eureka, MO does not have access to the resources and legal knowledge to combat the expensive defense teams of doctors and large insurance companies. For that reason, our Eureka, MO medical malpractice lawyers work on a contingency fee basis. We accept no attorneys fees until we get you the best possible compensation you are owed. We have dedicated our careers to ensuring that the injured and vulnerable in Eureka, MO have access to the highest standard of legal representation, one that rivals and exceeds that of large insurance companies. Our medical malpractice lawyers always work to eliminate every impediment standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every error carried out by healthcare institution or doctor constitutes malpractice. In order to be awarded a financial recovery for substandard care in Eureka, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you prove that:
- A doctor-patient relationship was determined. This means proof that you hired the doctor and the doctor agreed to be hired. This is usually not difficult to prove.
- The doctor or healthcare provider was negligent. You need to be able to show 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 error.
- The doctor’s violation of the standard of care directly caused you harm. This can frequently be tough to prove, as patients under a doctor’s care are typically already sick or injured.
- That the injury caused the patient harm that they should be compensated for. Examples include physical pain, a disability, additional medical expenses, or loss of future earning potential.
In Missouri, you will also need to give an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your case, pursuant to Missouri Revised Statute §538.225. This is a written opinion from a a medical professional in the same practice area 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 failure contributed to the alleged injuries. Our medical malpractice lawyers have a wealth of accomplished and qualified medical connections in Eureka and throughout Missouri who will help verify your claim.
What Compensation Can I Recover? | Eureka, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you receive usually falls into two categories: economic damages, which seek to compensate you for the monetary loss you have undergone because of a doctor's substandard care; 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 capacity if the medical negligence resulted in a disability that does not permit you to carry out the duties of your job anymore
- Medical costs, for example:
- Subsequent doctors appointments
- Physical therapy
- Medication costs
- In-home medical care
- Assistive devices such as crutches or needed 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 nickel that you deserve. We know that some injuries are impossible to really recover from, but we fight to make sure that your pain and suffering is alleviated.
Malpractice cases vary from other personal injuries in Missouri in two essential manners. 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 attempt to lower insurance premiums for physicians and hospitals. The bill enforces "damage caps" on the amount you can be awarded in a medical malpractice lawsuit 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? | Eureka, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are greater because they impact your ability to carry out daily tasks and to find enjoyment in life. Your Burger Law malpractice lawyers will help you ascertain if your injury can be seen 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 Eureka, MO?
If you or a loved one were hurt by a physician's substandard care in Eureka, MO, it is key to get in touch with medical malpractice lawyers right away. While most personal injury cases have a statute of limitation of five years in Missouri, medical malpractice lawsuits only have a time limit 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 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 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 your loved one was under 18 on the date of the negligent, you have until their 20th birthday.
There is no time to delay. Get in touch with the Burger Law Eureka, MO medical malpractice lawyers immediately. We get started on your case at once and do not stop until you have been fully compensated . Delaying could create difficulties for your suit and could make it difficult for even the best medical malpractice lawyers to show the full consequences of your damages. Call Burger Law's Eureka, MO medical malpractice lawyers mow at .
Medical Malpractice Lawyers Eureka, MO
No one deserves to have their life upended because a physician was negligent in their care. Burger Law's Eureka, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in the Midwest. We fight hard for our clients and work tirelessly to get them the great results they need to move forward with their lives. 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 doctors, large corporations exploit your vulnerability. Call Burger Law's Eureka, MO medical malpractice lawyers today at or fill out our online form to start on your road to recovery.