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Medical Malpractice Lawyers Festus, Missouri

Medical Malpractice Lawyers in Festus, Missouri. If you or someone you care about were injured because a physician did not give you the competent care that you deserved, call Burger Law today at (573) 500-HURT or complete our online form. Our medical malpractice lawyers always get the best possible compensation for the injured and vulnerable in Festus and throughout Missouri.

You do not have to pay because a doctor, medical institution or other healthcare professional in Festus, MO gave you substandard care. When we seek medical care, we do so believing that we are placing our well-being — and occasionally even our lives — in trustworthy hands. When doctors are negligent , leaving you with even worse sickness or harm as a result, believe in the accomplished and knowledgeable Festus, MO medical malpractice lawyers of Burger Law to get you justice and a full financial recovery. Not only are we sympathetic and committed to the injured in Festus, MO, but we are more aggressive than most law firms in filing litigation and not waiting around for the negligent doctor to take accountability. Our medical malpractice lawyers want medical professionals and their insurance company to realize that we are persistent and will accept nothing but the best possible financial recovery. Negligent health care can have cataclysmic, life-long repercussions, and in the worst cases can even cause wrongful death.

In our three decades of experience pushing back against bullies and getting the best possible 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 harmed by a thoughtless medical professional in Festus, MO, get in touch with Burger Law's medical malpractice lawyers immediately at (573) 500-HURT or contact us online.

See how much compensation you may be able to collect by filling out our free personal injury calculator.

Medical Malpractice Statistics | Festus, MO Medical Malpractice Lawyers

Data from John Hopkins Medicine found that 10 percent of all deaths nationwide are because of medical error. Just one percent of doctors are responsible for just about 33 percent of medical malpractice cases. Too often, negligent doctors are permitted to keep practicing without any discipline. But when the state of Missouri does not want to hold negligent doctors to blame, you can be confident the medical malpractice lawyers of Burger Law will.

In Missouri, less than a third of medical malpractice lawsuits end with the plaintiff collecting compensation. Still, between 2009 and 2018 a full $631.11 million was awarded in medical malpractice cases. You need devoted and seasoned Missouri medical malpractice lawyers to ensure you receive the best possible compensation you deserve.

Who Your Medical Malpractice Lawyers in Festus, MO Can Hold Responsible in Your Case

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 lawsuits are often complicated; it may not be clear right away who was accountable, or many parties might be liable. The dependable and savvy Festus, MO medical malpractice lawyers at Burger Law will perform a complete investigation into your claim and make sure that every party that caused you harm is held accountable for their thoughtless actions.

Examples of Medical Malpractice in Festus, MO

Medical negligence takes place when a healthcare professional disobeys the standard of care, which is how a capable doctor in the same field and same geographic location would have addressed your health problems. Our Festus, MO medical malpractice lawyers have seen that take place in a variety of ways:

Failure to Diagnose or Misdiagnosis

This is the most common reason for medical malpractice cases that occur in out-of-hospital care. More or Less 12 million people in U.S. are misdiagnosed annually. Diagnosing health issues early on is often a deciding factor in getting the most favorable results for a patient. A misdiagnosis, or failing to diagnose, can lead to a delay to the treatment you desperately require to get better, or can result in inappropriate treatment that aggravates 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 frequent medical malpractice case when it comes to in-hospital treatment. There are a minimum of 4,000 surgical mistakes in the U.S. every year, and frighteningly, the most common instance is performing surgery on an incorrect body part. Other examples can include accidental cuts, anesthesia mistakes, foreign objects like sponges remaining inside the patient, infections or failure to address complications arising from the procedure.

Medication Errors

An estimated 7,000 to 9,000 people nationwide die every year 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 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 Care

Unnecessary medical care costs about $210 billion each year. John Hopkins Medicine surveyed 2,106 doctors and found that doctors themselves are under the impression that 15 to 30 percent of medical care is not needed, including:

  • Over a fifth of prescription medications
  • 24.9 percent of medical tests
  • Over a tenth of procedures
  • Over a fifth of medical treatment in general

Unneeded treatment can result in surgical mistakes, medication errors and overprescribed medication.

Birth Injuries

Approximately 6 to 8 out of 1,000 children born in the United States suffer a significant birth injury each year. Not appropriately observing the infant during delivery, not properly implementing birthing procedures or not identifying a health problem of the mother during pregnancy are all examples of medical negligence that can cause long-term or lifelong health issues.

Nursing Home Negligence

The 1987 Nursing Home Reform Act put in place a Bill of Rights for nursing home residents meant to safeguard and ensure their physical, emotional and social health. When a nursing home institution or staff does not ensure those rights and the person you love is injured as a result, the medical malpractice lawyers of Burger Law will hold them accountable.

Failure to Inform or Lack of Consent

Everyone has a fundamental right to make choices for ourselves. When a healthcare professional neglects to inform you of risks, or neglects to obtain your consent before a procedure, it is a serious violation of your rights.

At Burger Law, our Festus, MO medical malpractice lawyers have seen it all. We know the horrible consequences a healthcare professional's or institution's neglect can cause, and the exasperation and grief that accompanies finding out that your trust was betrayed. We hold negligent doctors to blame and secure our Festus, MO clients the maximum compensation they are owed and that they require to move on and be made whole again. Our medical malpractice lawyers also have extensive medical comprehension and will be able to pinpoint how your doctor breached the standard of care. Reach out to our medical malpractice lawyers in Festus, MO today at (573) 500-HURT.

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Medical Malpractice Cases Won

Take a look at the following links to see some of the recent successes Burger Law's medical malpractice lawyers have gotten for our clients in Festus, MO:


What Medical Malpractice Lawyers in Missouri Can Do For You

Medical malpractice claims are notably difficult to win. That is why you need excellent medical malpractice lawyers that have the experience, knowledge, determination and talent to get you the full compensation you know you are owed. When you hire us, our Missouri medical malpractice lawyers:

  • Start working on your case immediately
  • Connect you with trustworthy and competent doctors to finally get you the medical treatment you need
  • Carry out a comprehensive investigation, including acquiring medical records, expert testimony and taking official statements from the defendant
  • Consult with our team of Festus, MO medical experts to ascertain standard of care in your case, demonstrate how the care you received was below standard and prove negligence
  • Offer empathetic, knowledgeable and trustworthy legal advice
  • Make sure you informed through the duration of your suit so you are not left in the dark and you know everything you need to make the best decision for your family
  • Handle every legal aspect of your case so you can focus your energy on recovering
  • Work alongside with economic experts to determine exactly how much your claim is worth
  • Negotiate with the insurance company to get you the best possible settlement offer
  • Take your case in front of a judge and jury when the insurance company does not want to offer what you deserve in mediation

At Burger Law, we know that most residents of Festus, MO does not have access to the resources and legal expertise to counter the high-priced defense teams of doctors and large hospitals. For that reason, our Festus, MO medical malpractice lawyers work on a contingency fee basis. You do not owe us anything until we get you the best possible compensation you deserve. We have pledged our careers to ensuring that the injured and vulnerable in Festus, MO have access to the highest form of legal advocacy, one that equals and eclipses that of large hospitals. Our medical malpractice lawyers always work to get rid of every hurdle standing between you and justice.

What You Need in a Medical Malpractice Claim

Not every error committed by medical professional amounts to malpractice. In order to collect compensation for improper treatment in Festus, MO, you must conclusively show four things. Your medical malpractice lawyers from Burger Law will help you show that:

  1. A doctor-patient relationship was determined. This amounts to 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 healthcare professional in the same field, in the same geographical location treating the same health problem, would not have committed the same mistake.
  3. The doctor’s violation of the standard of care directly caused you injured. This is often hard to prove, as patients being treated by a doctor are generally already sick or injured.
  4. 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 earning capacity.

In Missouri, you will also be required to include an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your claim, following Missouri Revised Statute §538.225. This is a written opinion from a a medical professional in the same practice area that states that a) the doctor did not give you the care that a prudent healthcare provider would have in the same situation, and b) the negligence caused the alleged injuries. Our medical malpractice lawyers have a large network of experienced and professional medical connections in Festus and throughout Missouri who will help verify your claim.

What Compensation Can I Recover? | Festus, MO Medical Malpractice Lawyers

The compensation your medical malpractice lawyers will help you get generally falls into two categories: economic damages, which are intended to compensate you for the financial 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 affected your life:

  • Economic damages include:
    • Lost wages
    • Lost earning potential if the medical negligence resulted in an impairment that does not permit you to conduct the duties of your job anymore
    • Medical expenses, for instance:
      • Subsequent doctors appointments
      • Surgeries
      • Physical therapy
      • Medication costs
      • In-home medical care
      • Assistive devices such as crutches 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
    • Inconvenience
    • Physical impairment
    • Disfigurement
    • Loss of capacity to enjoy life
    • Loss of consortium

Burger Law's medical malpractice lawyers work tirelessly until you get every cent that you are owed. We know that you can never fully heal from some injuries, but we fight to ensure that your pain and suffering is alleviated.

Malpractice cases differ from other personal injuries in Missouri in a couple of important 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 attempt to decrease insurance premiums for doctor's and hospitals. The bill enforces "damage caps" on how much you can be awarded in a medical malpractice lawsuit in noneconomic damages. As of 2022, those limits are $450,098 for a "non-catastrophic injury" and $787,671 for a "catastrophic injury."

What is Catastrophic Injury? | Festus, 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 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 Festus, MO?

If you or a loved one were injured by a medical professional's negligence in Festus, MO, it is vital to get in touch with medical malpractice lawyers right away. While most personal injury cases have a time limit of five years in Missouri, medical malpractice lawsuits only have a statute of limitations of two years, under Missouri Revised Statute §516.105. That means that once you have been injured your medical malpractice lawyers only have two years to investigate your case and file your claim. There are three notable 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 failed 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.
  3. If you or someone you love was a minor on the date of the malpractice, you have until their 20th birthday.

Do not wait. Contact the Burger Law Festus, MO medical malpractice lawyers straight away. We start working on your case at once and do not let up until you have been fully compensated . Waiting could bring difficulties to your case and could make it difficult for even the best medical malpractice lawyers to show the full effects of your damages. Call Burger Law's Festus, MO medical malpractice lawyers immediately at (573) 500-HURT.


Call Burger Law Now

Medical Malpractice Lawyers Festus, MO

No one deserves to have their life upended because a healthcare professional was negligent in their care. Burger Law's Festus, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in Festus, MO. 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 physicians, large hospitals take advantage of your vulnerability. Call Burger Law's Festus, 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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