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Medical Malpractice Lawyers Festus, Missouri
Medical Malpractice Lawyers in Festus, Missouri. If you or a loved one were injured because a healthcare professional did not give you the proper care that you were owed, call Burger Law now at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get great results for our clients in Festus and throughout Missouri.
You should not have to pay because a doctor, hospital or other medical professional in Festus, MO gave you substandard care. When we search out medical care, we do so under the assumption 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 result, trust in the seasoned and talented Festus, MO medical malpractice lawyers of Burger Law to win you justice and a full financial recovery. Not only are we empathetic and devoted to our Festus, MO clients, but we are more aggressive than most law firms in filing lawsuits and not waiting around for the at-fault doctor to take responsibility. Our medical malpractice lawyers want medical professionals and their insurance company to know that we are serious and will not take anything but maximum compensation. Negligent health care can have catastrophic, life-long repercussions, and in the worst cases can even lead to wrongful death.
In our 30 years 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 a loved one has been injured by a thoughtless medical professional in Festus, MO, get in touch with Burger Law's medical malpractice lawyers immediately 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 | Festus, MO Medical Malpractice Lawyers
Research by John Hopkins Medicine found that one in ten of all deaths in the United States are because of medical error. Just one percent of doctors are responsible for nearly 33 percent of medical malpractice lawsuits. Too often, negligent doctors are allowed to continue practicing without any penalty. But when the state of Missouri does not want to hold at-fault doctors responsible, you can be sure 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 paid out in medical malpractice claims. You need committed and seasoned Missouri medical malpractice lawyers to make sure you receive the great compensation you are owed.
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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 people or institutions that may be culpable of medical negligence in your claim. 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 complicated; it may not be clear straight away who was at fault, or many people may be accountable. The dependable and talented Festus, MO medical malpractice lawyers at Burger Law will conduct a complete investigation into your case and ensure that every party that caused you injuries is held responsible for their reckless actions.
Examples of Medical Malpractice in Festus, MO
Medical negligence occurs when a healthcare professional breaks the standard of care, which is how a competent doctor in the same field and same geographic location would have treated your health problems. Our Festus, MO medical malpractice lawyers have seen that occur in a variety of ways:
Failure to Diagnose or Misdiagnosis
This is the most frequent reason for medical malpractice suits related to out-of-hospital treatment. About 12 million Americans are misdiagnosed every year. Catching medical issues early on is key in realizing 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 result in improper treatment that exacerbates your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most deadly health conditions, for instance:
- 37.8 percent for cancer
- 22.8 percent for vascular events
- 13.5 percent for infections
Surgical errors are the most frequent medical malpractice case related to in-hospital treatment. There are at least 4,000 surgical mistakes in the U.S. annually, and frighteningly, the most common source is performing surgery on an incorrect body part. Other examples can include accidental cuts, anesthesia mistakes, foreign objects like scissors remaining inside the patient, infections or failure to treat problems arising from the procedure.
An estimated 7,000 to 9,000 people nationwide die every year due to medication errors. Examples can include not taking a record of the patient's allergies, giving the wrong medication, giving the wrong dosage or neglecting to recognize interactions with other drugs.
Another example of medication errors is overprescribing medications. Studies have found that overprescribing is a significant factor in the opioid crisis in the U.S.
Unnecessary medical care costs an estimated $210 billion every year. John Hopkins Medicine surveyed 2,106 physicians and discovered that doctors themselves believe that 15 to 30 percent of medical care is unnecessary, including:
- More than one-fifth of prescription medications
- Almost a quarter of medical tests
- Over a tenth of procedures
- More than one-fifth of medical care in general
Unnecessary care can lead to surgical mistakes, medication errors and overprescribed medication.
On average, 6 to 8 out of a thousand children born in the United States experience a serious birth injury each year. Not correctly monitoring the infant during delivery, not correctly using birthing techniques or not identifying a health problem of the mother during pregnancy are all examples of medical negligence that can cause long-term or lifelong consequences.
Nursing Home Negligence
The 1987 Nursing Home Reform Act established a Bill of Rights for nursing home residents meant to safeguard and ensure their physical, emotional and social well-being. When a nursing home or its staff does not ensure 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
We all have a basic right to make decisions for ourselves. When a physician fails to inform you of risks, or does not acquire your consent before a procedure, it is an outrageous violation of your rights.
At Burger Law, our Festus, MO medical malpractice lawyers have seen it all. We know the cataclysmic repercussions a healthcare professional's or institution's negligence can cause, and the exasperation and sorrow that comes with learning that your trust was betrayed. We hold careless doctors accountable and secure our Festus, MO clients the full financial recovery they are owed and that they require to move on and be made whole again. Our medical malpractice lawyers also have vast medical knowledge and will be able to pinpoint how your doctor violated the standard of care. Reach out to our medical malpractice lawyers in Festus, MO now at (314) 500-HURT.
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Medical Malpractice Cases Won
Check out the links below to see some of the latest victories Burger Law's medical malpractice lawyers have won for our clients in Festus, 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 claims are infamously difficult to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, tenacity and prowess to deliver you the great compensation you know you are owed. When you hire us, our Missouri medical malpractice lawyers:
- Get working on your claim right away
- Connect you with honest and competent physicians to finally get you the medical treatment you need
- Carry out a full investigation, including acquiring medical records, expert testimony and taking depositions of the defendant
- Work with our network of Festus, MO medical experts to determine standard of care in your case, show how the treatment you received was not up to the standard and prove negligence
- Offer empathetic, wise and honest legal advice
- Keep you informed throughout 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 spend your energy on recovering
- Converse with with economic experts to exactly value your damages
- Negotiate with the insurance adjusters to secure you a full settlement offer
- Take your case to court when the insurance company does not want to be fair in mediation
At Burger Law, we know that the average person in Festus, MO does not have access to the resources and legal know-how to stand up to the high-priced defense teams of doctors and large hospitals. For that reason, our Festus, MO medical malpractice lawyers operate on a contingency fee basis. You do not owe us any fees until we get you the maximum financial recovery you deserve. We have committed our careers to ensuring that the injured and vulnerable in Festus, MO have access to the highest quality legal advocacy, one that equals and surpasses that of large insurance companies. Our medical malpractice lawyers always work to get rid of every obstacle standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every mistake committed by medical professional constitutes malpractice. In order to be awarded a financial recovery for improper treatment in Festus, MO, you must conclusively show four things. Your medical malpractice lawyers from Burger Law will help you demonstrate that:
- A doctor-patient relationship existed. 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 breached the standard of care. You need to be able to show that a capable physician in the same field, in the same geographical location caring for the same health problem, would not have made the same mistake.
- The doctor’s violation of the standard of care directly caused the injury. This is often difficult to prove, as patients being treated by a physician are typically already sick or injured.
- That the injury caused the patient damages. This can 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 suit, under Missouri Revised Statute §538.225. This is a written opinion from a legally qualified healthcare provider that says that a) the doctor did not provide the care that a prudent healthcare provider would have under the same circumstances, and b) the failure contributed to the alleged damages. Our medical malpractice lawyers have a massive network of experienced and qualified medical connections in Festus and throughout Missouri who will help authenticate your claim.
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What Compensation Can I Receive? | Festus, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you receive generally falls into two categories: economic damages, which are intended to compensate you for the monetary damages you have experienced because of a doctor's negligence; and noneconomic damages, which look 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 led to an impairment that does not permit you to perform the tasks of your job anymore
- Medical bills, including:
- Subsequent doctors appointments
- Physical therapy
- Medication costs
- In-home medical care
- Assistive devices such as wheelchairs or necessary 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 dime that you are owed. We know that some injuries are impossible to truly heal from, but we fight to make sure that you are made whole again.
Malpractice cases differ from other personal injuries in Missouri in a couple of important details. Your medical malpractice lawyers at Burger Law will help you navigate 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 diminish insurance premiums for physicians and hospitals. The bill enforces "damage caps" on the amount 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? | Festus, MO Medical Malpractice Lawyers
The limits for catastrophic injuries are higher 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 states 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 Festus, MO?
If you or someone you love were harmed by a doctor's negligence in Festus, MO, it is key to contact medical malpractice lawyers straight away. While most personal injury cases have a statute of limitation of five years in Missouri, medical malpractice cases only have a time limit 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 suit. There are three important 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 family member was under 18 at the time of the substandard care, you have until they turn 20.
Do not wait. Contact the Burger Law Festus, MO medical malpractice lawyers now. We get started on your case right away and do not stop until you have been fully compensated . Delaying could create complications your suit and could make it tough for even the best medical malpractice lawyers to demonstrate the full impacts of your damages. Call Burger Law's Festus, MO medical malpractice lawyers today at (314) 500-HURT.
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Medical Malpractice Lawyers Festus, MO
No one deserves to have their life disrupted because a physician gave them substandard care. Burger Law's Festus, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in the Midwest. We fight hard for our clients and work around the clock 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 corporations abuse your vulnerability. Call Burger Law's Festus, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.