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Medical Malpractice Lawyers Excelsior Springs, Missouri

Medical Malpractice Lawyers in Excelsior Springs, Missouri. If you or someone you care about were hurt because a doctor did not provide you with the proper care that you were owed, call Burger Law today at (573) 500-HURT or fill out our online form. Our medical malpractice lawyers always get the best possible financial recoveries for the vulnerable in Excelsior Springs and throughout Missouri.

You do not have to pay because a doctor, medical institution or other healthcare professional in Excelsior Springs, MO did not respect your health. When we seek medical care, we do so under the assumption that we are placing our health — and occasionally even our lives — in competent hands. When doctors are negligent , leaving you with even worse sickness or harm as a consequence, trust in the seasoned and talented Excelsior Springs, MO medical malpractice lawyers of Burger Law to secure you justice and maximum financial compensation. Not only are we compassionate and devoted to our Excelsior Springs, MO clients, but we are more aggressive than the majority of law firms in filing lawsuits and not waiting around for the liable doctor to take accountability. Our medical malpractice lawyers want healthcare professionals and their insurance company to understand that we are driven and will accept nothing but the best possible financial recovery. Negligent health care can have terrible, permanent repercussions, and in the dire cases can even result in wrongful death.

In our 30 years of experience standing up to bullies and getting great results for the injured, we have won our clients over $175 million in verdicts and settlements. If you or a family member has been harmed by a careless doctor in Excelsior Springs, MO, call Burger Law's medical malpractice lawyers now at (573) 500-HURT or contact us online.

See how much your claim may be worth by using our free personal injury calculator.

Medical Malpractice Statistics | Excelsior Springs, MO Medical Malpractice Lawyers

Data from John Hopkins Medicine found that one in ten of all fatalities nationwide are due to medical error. Just one percent of doctors account for about 33 percent of medical malpractice claims. Too often, negligent doctors are permitted to continue practicing without any consequences. 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 33 percent of medical malpractice lawsuits end with the plaintiff recovering compensation. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice lawsuits. You need devoted and experienced Missouri medical malpractice lawyers to ensure you are awarded the full financial recovery you deserve.

Who Your Medical Malpractice Lawyers in Excelsior Springs, MO Can Hold Liable in Your Claim

We frequently immediately think of doctors when we think of medical malpractice, there are many parties that may be guilty of 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 claims are typically intricate; it may not be immediately clear who was to blame, or many people might be responsible. The dependable and savvy Excelsior Springs, MO medical malpractice lawyers at Burger Law will conduct a full investigation into your claim and ensure that every party that caused you harm is held responsible for their reckless 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 a capable doctor in the same field and same geographic location would have treated your health issue. Our Excelsior Springs, MO medical malpractice lawyers have seen that take place in many different ways:

Failure to Diagnose or Misdiagnosis

This is the most common reason for medical malpractice claims related to outpatient care. About 12 million people in U.S. are misdiagnosed annually. Diagnosing medical problems early on is often a deciding factor in getting the best possible outcome for a patient. A misdiagnosis, or failing to diagnose, can result in a delay to the care you desperately require to become healthier, or can cause improper treatment that worsens 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 cardiac events
  • 13.5 percent for infections

Surgical Errors

Surgical errors are the most frequent medical malpractice claim when it comes to inpatient treatment. There are a minimum of 4,000 surgical mistakes in the U.S. annually, and frighteningly, the most common example is operating on the wrong body part. Other instances can include accidental incisions, anesthesia errors, foreign objects like instruments being left inside the patient, infections or failure to address issues surface after the surgery.

Medication Errors

An estimated 7,000 to 9,000 people in the U.S. die annually owing to medication errors. Examples can include not being aware of a patient's allergies, giving an incorrect medication, giving an incorrect dosage or not identifying interactions with other drugs.

Another example of medication errors is overprescribing medications. Studies show that overprescribing is a major contributor to the opioid crisis in the United States.

Unnecessary Care

Unnecessary medical care costs approximately $210 billion annually. John Hopkins Medicine surveyed 2,106 physicians and learned that doctors themselves believe 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
  • Over a fifth of medical care in general

Unnecessary care can cause surgical errors, medication errors and overprescribed medication.

Birth Injuries

An estimated 6 to 8 out of 1,000 children born in the United States suffer a significant birth injury each year. Not properly observing the infant throughout delivery, not appropriately implementing birthing procedures or not diagnosing a health issue with the mother during pregnancy are all cases of medical negligence that can cause long-term or lifelong health problems.

Nursing Home Negligence

The 1987 Nursing Home Reform Act established a Bill of Rights for nursing home residents meant to shield and guarantee their physical, emotional and social health. When a nursing home institution or staff disregards those rights and your loved one is hurt as a result, the medical malpractice lawyers of Burger Law will hold them responsible.

Failure to Inform or Lack of Consent

We all have an innate right to make choices for ourselves. When a doctor neglects to inform you of risks, or neglects to secure your consent before a procedure, it is a serious violation of your rights.

At Burger Law, our Excelsior Springs, MO medical malpractice lawyers have experience with every sort of negligence lawsuit. We know the devastating repercussions a healthcare professional's or institution's carelessness can cause, and the rage and sorrow that comes with finding out that your trust was broken. We hold careless doctors to blame and deliver our Excelsior Springs, MO clients the best possible financial recovery they deserve and require to move on and fully recover. Our medical malpractice lawyers also have substantial medical comprehension and will be able to identify precisely how your doctor violated the standard of care. Get in touch with our medical malpractice lawyers in Excelsior Springs, MO immediately at (573) 500-HURT.

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Medical Malpractice Cases Won

Check out the links below to see several of the recent successes Burger Law's medical malpractice lawyers have secured for our clients in Excelsior Springs, MO:


How Medical Malpractice Lawyers in Missouri Can Help

Medical malpractice cases are infamously hard to win. That is why you need excellent medical malpractice lawyers that have the experience, knowledge, persistence and talent to get you the full financial recovery you know you deserve. When you hire us, our Missouri medical malpractice lawyers:

  • Get to work on your claim at once
  • Connect you with trustworthy and competent doctors to finally get you the medical attention you are owed
  • Conduct a comprehensive investigation, including procuring medical records, professional testimony and taking depositions of the defendant
  • Confer with our network of Excelsior Springs, MO medical experts to determine standard of care in your case, demonstrate how the treatment you were given was not up to the standard and prove negligence
  • Offer sympathetic, wise and straightforward legal advice
  • Keep 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
  • Manage every legal aspect of your case so you can focus your energy on healing
  • Confer with with economic experts to ascertain precisely 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 offer what you are owed in mediation

At Burger Law, we know that the average person in Excelsior Springs, MO does not have the resources and legal proficiency to fight the expensive defense teams of doctors and large hospitals. For that reason, our Excelsior Springs, MO medical malpractice lawyers work on a contingency fee basis. You do not owe us any fees until we get you the best possible financial recovery you are owed. We have pledged our lives to making sure that the injured and vulnerable in Excelsior Springs, MO have access to the highest form of legal representation, one that compares with and eclipses that of large insurance companies. Our medical malpractice lawyers always work to remove every impediment standing between you and justice.

What You Need in a Medical Malpractice Claim

Not every mistake carried out by medical institution or doctor amounts to malpractice. In order to get compensation for substandard treatment in Excelsior Springs, MO, you must conclusively show four things. Your medical malpractice lawyers from Burger Law will help you demonstrate that:

  1. A doctor-patient relationship was established. This means proof that you hired the doctor and the doctor agreed to be hired. This is commonly not difficult to prove.
  2. The doctor or healthcare provider was breached the standard of care. You need to be able to demonstrate that a capable medical professional in the same practice area, in the same geographical location treating the same health condition, would not have made the same mistake.
  3. The doctor’s negligence directly caused you injured. This can often be difficult to prove, as patients being treated by a doctor are customarily already sick or injured.
  4. 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 offer an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your claim, according 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 give you the care that a careful 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 experienced and qualified medical connections in Excelsior Springs and throughout Missouri who will help validate your claim.

What Compensation Can I Collect? | Excelsior Springs, MO Medical Malpractice Lawyers

The compensation your medical malpractice lawyers will help you get typically falls into two categories: economic damages, which seek to compensate you for the monetary damages you have experienced because of a doctor's negligence; and noneconomic damages, which try to compensate for the less tangible ways in which your injuries have impacted your life:

  • Economic damages include:
    • Lost wages
    • Lost earning potential if the medical negligence resulted in a disability that does not permit you to carry out the duties of your job anymore
    • Medical expenses, including:
      • Subsequent doctors appointments
      • Further procedures
      • Physical rehabilitation
      • Medication expenses
      • In-home medical care
      • Assistive devices such as crutches or necessary 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 nickel that you deserve. We know that some injuries are impossible to fully heal from, but we fight to make certain that you are made whole again.

Malpractice cases differ from other personal injuries in Missouri in two important 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 passed Senate Bill 239 in an effort to decrease insurance premiums for medical liability. The bill enforces "damage caps" on how much compensation you can recover 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 affect your ability to perform basic tasks and to find enjoyment in life. Your Burger Law malpractice lawyers will help you establish if your injury can be seen 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"

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 healthcare professional's negligence in Excelsior Springs, MO, it is imperative to contact medical malpractice lawyers at once. While most personal injury claims have a time limit of five years in Missouri, medical malpractice lawsuits only have a time limit 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 your claim. There are three noteworthy 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 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.
  3. 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 wait. Contact the Burger Law Excelsior Springs, MO medical malpractice lawyers today. We get to work on your case at once and do not rest until you have been fully compensated . Delaying could create difficulties for your case and could make it hard for even the best medical malpractice lawyers to prove the full effects of your damages. Call Burger Law's Excelsior Springs, MO medical malpractice lawyers today at (573) 500-HURT.


Call Burger Law Now

Medical Malpractice Lawyers Excelsior Springs, MO

No one deserves to have their life upended because a physician 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 Region. We fight hard for our clients and work relentlessly to get them the great results they need to move forward with their lives. 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 abuse your vulnerability. Call Burger Law's Excelsior Springs, MO medical malpractice lawyers today at (573) 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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