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Medical Malpractice Lawyers Excelsior Springs, Missouri
Medical Malpractice Lawyers in Excelsior Springs, Missouri. If you or a loved one were hurt because a doctor did not give you the proper treatment that you deserved, call Burger Law today at (314) 500-HURT or fill out our online form. Our medical malpractice lawyers always get great results for the injured and vulnerable in Excelsior Springs and throughout Missouri.
You do not have to pay because a doctor, medical institution or other medical professional in Excelsior Springs, MO broke the rules. When we get medical attention, we do so believing 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 seasoned and savvy Excelsior Springs, MO medical malpractice lawyers of Burger Law to win you justice and a full financial recovery. Not only are we understanding and committed to our Excelsior Springs, MO clients, but we are more aggressive than most law firms in filing litigation and not waiting around for the at-fault doctor to take responsibility. Our medical malpractice lawyers want medical professionals and their insurance company to understand that we mean business and will not take anything but full compensation. Negligent health care can have cataclysmic, permanent repercussions, and in the dire circumstances can even cause wrongful death.
In our 30 years of experience pushing back against bullies and getting great results for our clients, we have secured our clients over $175 million in verdicts and settlements. If you or someone you care about has been hurt by a thoughtless medical professional in Excelsior Springs, MO, call Burger Law's medical malpractice lawyers straight away at (314) 500-HURT or contact us online.
See how much your claim may be worth by filling out our free personal injury calculator.
Chesterfield, MO
100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Medical Malpractice Statistics | Excelsior Springs, MO Medical Malpractice Lawyers
Data from John Hopkins Medicine found that one-tenth of all deaths nationwide are due to medical error. Just one percent of doctors account for about a third of medical malpractice cases. Too often, negligent doctors are permitted to keep practicing without any punishment. But when the state of Missouri does not want to hold negligent doctors accountable, 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 being awarded compensation. Still, between 2009 and 2018 a full $631.11 million was awarded in medical malpractice lawsuits. You need devoted and seasoned Missouri medical malpractice lawyers to make sure you collect the great compensation you deserve.
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 Excelsior Springs, MO Can Hold To Blame in Your Case
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 claim. 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 claims are often intricate; it may not be immediately clear who was responsible, or many parties might be to blame. The trustworthy and skilled Excelsior Springs, MO medical malpractice lawyers at Burger Law will conduct a full investigation into your injuries and make certain that each party that caused you harm is held responsible for their negligent behavior.
Examples of Medical Malpractice in Excelsior Springs, MO
Medical negligence takes place 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 Excelsior Springs, MO medical malpractice lawyers have seen that take place in a variety of ways:
Failure to Diagnose or Misdiagnosis
This is the most frequent reason for medical malpractice lawsuits that occur in outpatient treatment. Roughly 12 million Americans are misdiagnosed each year. Diagnosing medical problems early on is crucial in realizing the best possible results for a patient. A misdiagnosis, or failing to diagnose, can lead to a delay to the care you acutely require to get better, or can result in incorrect care that compounds your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most grave health conditions, such as:
- 37.8 percent for cancer
- 22.8 percent for cardiac events
- 13.5 percent for infections
Surgical Errors
Surgical mistakes are the most common medical malpractice claim related to in-hospital care. There are at least 4,000 surgical mistakes in the United States each year, and frighteningly, the most common instance is operating on the wrong body part. Other instances can include accidental cuts, anesthesia mistakes, foreign objects like scissors remaining inside the patient, infections or failure to address issues emerge after the procedure.
Medication Errors
An estimated 7,000 to 9,000 people in the United States die annually because of medication errors. Examples can include not knowing a patient's allergies, giving the wrong medication, giving the wrong dosage or not recognizing interactions with other drugs.
Medication errors can also include overprescribing medications. Studies have found that overprescribing is a principal factor in the opioid crisis in the U.S.
Unnecessary Care
Unnecessary medical care costs roughly $210 billion every year. John Hopkins Medicine surveyed 2,106 physicians and found that doctors themselves are under the impression 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
- Over a fifth of medical treatment in general
Unnecessary care can cause surgical errors, medication errors and overprescribed medication.
Birth Injuries
Roughly 6 to 8 out of a thousand children born in the United States sustain a significant birth injury Annually. Not appropriately observing the infant during delivery, not appropriately implementing birthing techniques or not diagnosing a health issue with the mother during pregnancy are all cases of medical negligence that can result in long-term or permanent consequences.
Nursing Home Neglect and Abuse
The 1987 Nursing Home Reform Act determined a Bill of Rights for nursing home residents meant to protect and secure their physical, emotional and social well-being. When a nursing home institution or staff does not respect those rights and the person you love is hurt 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 fundamental right to make decisions for ourselves. When a healthcare professional does not inform you of risks, or does not obtain your consent before a procedure, it is a serious breach of your rights.
At Burger Law, our Excelsior Springs, MO medical malpractice lawyers have experience with every sort of malpractice lawsuit. We know the catastrophic consequences a healthcare professional's or institution's negligence can cause, and the exasperation and sorrow that comes with discovering that your trust was betrayed. We hold at-fault doctors responsible and secure our Excelsior Springs, MO clients the great financial recovery they deserve and require to move on and fully recover. Our medical malpractice lawyers also have extensive medical knowledge and will be able to pinpoint how your doctor breached the standard of care. Reach out to our medical malpractice lawyers in Excelsior Springs, MO at once at (314) 500-HURT.
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Medical Malpractice Cases Won
Take a look at the following links to see some of the recent victories Burger Law's medical malpractice lawyers have gotten for our clients in Excelsior Springs, 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 exceptional medical malpractice lawyers that have the experience, knowledge, perseverance and prowess to secure you the full compensation you know you are owed. When you hire us, our Missouri medical malpractice lawyers:
- Start working on your case straight away
- Connect you with trustworthy and competent physicians to finally get you the medical treatment you are owed
- Carry out a complete investigation, including obtaining medical records, professional testimony and taking depositions of the defendant
- Work alongside our team of Excelsior Springs, MO medical experts to ascertain standard of care in your case, demonstrate how the care you were provided with was below standard and prove negligence
- Offer thoughtful, knowledgeable and trustworthy legal direction
- Make sure you informed through the duration of your case so you are aware of what is going on and know everything you need to make the best decision for your family
- Oversee every legal aspect of your case so you can focus on healing
- Work alongside with economic experts to determine exactly how much your claim is worth
- Negotiate with the insurance adjusters to secure you the best possible settlement offer
- Take your case to trial when the insurance company does not want to be fair in mediation
At Burger Law, we know that the average person in Excelsior Springs, MO does not have access to the resources and legal savvy to counter the expensive defense teams of doctors and large corporations. For that reason, our Excelsior Springs, MO medical malpractice lawyers operate on a contingency fee basis. We accept no attorneys fees until we get you the great compensation you are owed. We have committed our careers to making sure that the injured and vulnerable in Excelsior Springs, MO have access to the highest quality legal representation, one that matches and eclipses that of large insurance companies. Our medical malpractice lawyers always work to remove every hurdle standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every error committed by healthcare institution or doctor constitutes malpractice. In order to collect a financial recovery for substandard treatment in Excelsior Springs, MO, you must conclusively show four things. Your medical malpractice lawyers from Burger Law will help you show 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 not difficult to prove.
- The doctor or healthcare provider was violated the standard of care. You need to be able to demonstrate that a competent physician in the same practice area, in the same geographical location treating the same health issue, would not have made the same mistake.
- The doctor’s violation of the standard of care directly caused the injury. This can often be hard to prove, as patients being treated by a doctor are typically already sick or injured.
- That the injury caused the patient damages. Instances can include physical pain, impairment, additional medical expenses, or loss of earning capacity.
In Missouri, you will also be required to provide an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your lawsuit, pursuant 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 provide the treatment that a careful healthcare provider would have under the same circumstances, and b) the negligence caused the alleged harm. Our medical malpractice lawyers have a wealth of accomplished and professional medical connections in Excelsior Springs and throughout Missouri who will help certify your claim.
What Compensation Can I Receive? | Excelsior Springs, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you collect typically falls into two categories: economic damages, which are meant to compensate you for the monetary damages you have sustained due to 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 potential if the medical negligence led to an impairment that does not permit you to perform the duties of your job anymore
- Medical bills, such as:
- Subsequent doctors appointments
- Surgeries
- Physical therapy
- Medication expenses
- In-home medical care
- Assistive devices such as wheelchairs 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
- 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 penny 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 two essential aspects. 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 attempt to diminish insurance premiums for doctor's and hospitals. The bill puts in place "damage caps" on how much compensation you can collect 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? | Excelsior Springs, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are greater because they impact your ability to function in your daily life and to find enjoyment in life. Your Burger Law malpractice lawyers will help you ascertain if your injury can be considered 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"
What is the Statute of Limitations in a Medical Malpractice Claim in Excelsior Springs, MO?
If you or a family member were hurt by a doctor's negligence in Excelsior Springs, MO, it is critical to get in touch with medical malpractice lawyers immediately. While most personal injury claims have a time limit of five years in Missouri, medical malpractice suits 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 someone you love was a minor on the date of the malpractice, you have until they turn 20.
Do not wait. Call the Burger Law Excelsior Springs, MO medical malpractice lawyers now. We get working on your case right away and do not rest until you have been fully compensated . Delaying could create complications your claim and could make it difficult for even the best medical malpractice lawyers to prove the full consequences of your damages. Call Burger Law's Excelsior Springs, MO medical malpractice lawyers immediately at (314) 500-HURT.
Call Burger Law Now
Medical Malpractice Lawyers Excelsior Springs, MO
No one deserves to have their life halted because a healthcare professional was negligent in their care. Burger Law's Excelsior Springs, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in the Midwest. We fight hard for our clients and work relentlessly to get them the great results they need to be made whole again. 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 healthcare professionals, large hospitals manipulate your vulnerability. Call Burger Law's Excelsior Springs, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.