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Medical Malpractice Lawyers Franklin County, Missouri
Medical Malpractice Lawyers in Franklin County, Missouri. If you or someone you love were hurt because a physician did not give you the proper care that you deserved, call Burger Law now at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get the best possible financial recoveries for the injured in Franklin County and throughout Missouri.
You do not have to pay because a physician, hospital or other medical professional in Franklin County, MO did not respect your health. When we seek medical attention, we do so under the assumption that we are placing our well-being — and sometimes even our lives — in capable hands. When doctors are negligent and you end up with even worse sickness or harm as a consequence, trust in the seasoned and talented Franklin County, MO medical malpractice lawyers of Burger Law to secure you justice and a full compensation. Not only are we compassionate and devoted to the injured in Franklin County, MO, but we are more aggressive than the majority of law firms in filing lawsuits and not waiting around for the at-fault doctor to take accountability. Our medical malpractice lawyers want healthcare professionals and their insurance company to understand that we are persistent and will not take anything but a full financial recovery. Negligent health care can have destructive, permanent consequences, and in the most tragic cases can even lead to wrongful death.
In our three decades of experience pushing back against bullies and getting the best possible results for our clients, we have gotten our clients over $175 million in verdicts and settlements. If you or someone you love has been injured by a negligent doctor in Franklin County, MO, get in touch with Burger Law's medical malpractice lawyers right away at (314) 500-HURT or contact us online.
See how much compensation you may be able to receive by filling out our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Medical Malpractice Statistics | Franklin County, MO Medical Malpractice Lawyers
Data from John Hopkins Medicine found that one-tenth of all deaths in the U.S. are because of medical error. Just one percent of physicians account for nearly a third of medical malpractice claims. Too often, negligent doctors are allowed to continue practicing without any punishment. But when the state of Missouri does not want to hold negligent doctors accountable, 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 recovering compensation. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice cases. You need committed and experienced Missouri medical malpractice lawyers to make sure you are awarded the best possible compensation you are owed.
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Who Your Medical Malpractice Lawyers in Franklin County, MO Can Hold Accountable in Your Case
We frequently automatically think of doctors when we think of medical malpractice, there are many parties 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 claims are frequently intricate; it may not be immediately clear who was accountable, or many people may be liable. The dependable and savvy Franklin County, MO medical malpractice lawyers at Burger Law will conduct a full investigation into your case and make certain that each party that caused you harm is held accountable for their careless behavior.
Examples of Medical Malpractice in Franklin County, MO
Medical negligence transpires when a healthcare professional breaches the standard of care, which is how most doctors in the same practice area and same geographic location would have care for your health issue. Our Franklin County, MO medical malpractice lawyers have seen that occur in a variety of ways:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice claims that take place in out-of-hospital care. About 12 million Americans are misdiagnosed annually. Diagnosing medical issues early on is critical in getting the best possible results for a patient. A misdiagnosis, or missing a diagnosis, can result in a delay to the care you acutely require to get better, or can cause improper treatment that exacerbates 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 mistakes are the most frequent medical malpractice claim when it comes to inpatient care. There are at least 4,000 surgical mistakes in the United States every year, and frighteningly, the most common example is operating on an erroneous body part. Other instances can include accidental incisions, anesthesia errors, foreign objects like scissors being left inside the patient, infections or failure to treat complications arising from the procedure.
An estimated 7,000 to 9,000 people in the U.S. die each year owing to mistakes when administering medication. Examples can include not knowing a patient's allergies, giving the wrong medication, giving an incorrect dosage or failing to identify interactions with other drugs.
Medication errors can also include overprescribing medications. Studies have found that overprescribing is a significant contributor to the opioid crisis in the U.S.
Unnecessary medical care costs an estimated $210 billion each year. John Hopkins Medicine asked 2,106 physicians and learned that physicians 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 all medical treatment
Unneeded care can result in surgical errors, medication errors and overprescribed medication.
An estimated 6 to 8 out of a thousand children born in the United States experience a significant birth injury each year. Not appropriately monitoring the child during birth, not properly implementing birthing techniques or not diagnosing a health issue with the mother during pregnancy are all instances of medical malpractice that can lead to long-term or lifelong consequences.
Nursing Home Neglect and Abuse
The 1987 Nursing Home Reform Act created a Bill of Rights for nursing home residents meant to shield and ensure their physical, emotional and social health. When a nursing home or its staff disregards those rights and your family member is injured as a result, the medical malpractice lawyers of Burger Law will hold them liable.
Failure to Inform or Lack of Consent
Everyone has a fundamental right to make decisions for ourselves. When a physician does not inform you of risks, or does not secure your consent before treatment, it is a horrible violation of your rights.
At Burger Law, our Franklin County, MO medical malpractice lawyers have experience with every variety of negligence claim. We know the destructive consequences a healthcare professional's or institution's thoughtlessness can cause, and the anger and sorrow that comes with learning that your trust was broken. We hold careless doctors to blame and secure our Franklin County, MO clients the maximum compensation they are owed and that they need to move on and be made whole again. Our medical malpractice lawyers also have substantial medical knowledge and will be able to pinpoint how your doctor violated the standard of care. Call our medical malpractice lawyers in Franklin County, MO right away at (314) 500-HURT.
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Medical Malpractice Cases Won
Take a look at the following links to see several of the latest successes Burger Law's medical malpractice lawyers have won for our clients in Franklin County, 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 suits are infamously hard to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, determination and savvy to secure you the best possible compensation you know you are owed. When you hire us, our Missouri medical malpractice lawyers:
- Get started on your claim straight away
- Connect you with trusted and accomplished physicians to finally get you the medical attention you deserve
- Perform a complete investigation, including gathering medical records, expert testimony and taking depositions of the defendant
- Consult with our team of Franklin County, MO medical experts to ascertain standard of care in your case, demonstrate how the care you received was substandard and prove negligence
- Offer empathetic, sound and straightforward legal direction
- Make sure you informed throughout your case so you are not left in the dark and you know everything you need to make the best decision for your family
- Manage every legal aspect of your case so you can focus on recovering
- Consult with with economic experts to ascertain precisely how much your claim is worth
- Negotiate with the insurance company to deliver you the best possible settlement offer
- Take your case to trial when the insurance company does not want to offer what you deserve in mediation
At Burger Law, we know that most residents of Franklin County, MO does not have access to the resources and legal savvy to stand up to the expensive defense teams of doctors and large corporations. That is why our Franklin County, MO medical malpractice lawyers work on a contingency fee basis. You do not pay us anything until we get you the best possible compensation you deserve. We have devoted our careers to making sure that the injured and vulnerable in Franklin County, MO have access to the highest form of legal advocacy, one that rivals and exceeds that of large corporations. Our medical malpractice lawyers always work to abolish every barrier standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every mistake committed by healthcare institution or doctor constitutes malpractice. In order to get compensation for negligent care in Franklin County, MO, you must demonstrate four things. Your medical malpractice lawyers from Burger Law will help you demonstrate that:
- A doctor-patient relationship was determined. 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 demonstrate that a competent physician in the same field, in the same geographical location caring for the same medical problem, would not have committed the same mistake.
- The doctor’s negligence directly caused you harm. This is often hard to prove, as patients under a doctor’s care are generally already sick or injured.
- That the injury caused the patient damages. This can include physical pain, a disability, additional medical bills, or loss of future earning potential.
In Missouri, you will also be required to include 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 provide the care that a careful 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 accomplished and professional medical connections in Franklin County and throughout Missouri who will help corroborate your claim.
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What Compensation Can I Receive? | Franklin County, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you recover generally falls into two categories: economic damages, which are intended to compensate you for the financial loss you have undergone due to a physician's negligence; 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 caused a disability that does not permit you to carry out the duties of your job anymore
- Medical costs, including:
- Subsequent doctors appointments
- Further procedures
- Physical rehabilitation
- Medication expenses
- 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 relentlessly until you get every nickel that you are owed. We know that you can never truly heal from some injuries, but we fight to make certain that you are made whole again.
Malpractice cases vary from other personal injuries in Missouri in two key details. 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 effort to diminish insurance premiums for doctor's and hospitals. The bill set "damage caps" on the amount you can collect in a medical malpractice suit 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? | Franklin County, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are higher because they affect your ability to perform basic tasks and to find enjoyment in life. Your Burger Law malpractice lawyers will help you determine if your injury can be considered 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 Franklin County, MO?
If you or a loved one were hurt by a doctor's substandard care in Franklin County, MO, it is crucial to call medical malpractice lawyers immediately. While most personal injury cases have a statute of limitation 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 noteworthy 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 your family member was under 18 at the time of the malpractice, you have until their 20th birthday.
There is no time to wait. Call the Burger Law Franklin County, MO medical malpractice lawyers now. We get started on your case right away and do not rest until you have been fully compensated . Delaying could bring difficulties to your case and could make it hard for even the best medical malpractice lawyers to demonstrate the full extent of your damages. Call Burger Law's Franklin County, MO medical malpractice lawyers today at (314) 500-HURT.
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Medical Malpractice Lawyers Franklin County, MO
No one deserves to have their life upended because a doctor was negligent in their care. Burger Law's Franklin County, 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 be made whole again. 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 exploit your vulnerability. Call Burger Law's Franklin County, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.