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Medical Malpractice Lawyers Independence, Missouri

Medical Malpractice Lawyers in Independence, Missouri. If you or a loved one were harmed because a doctor did not give you the adequate care that you deserved, call Burger Law immediately 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 Independence and throughout Missouri.

You do not have to pay because a physician, medical institution or other healthcare professional in Independence, MO disregarded your health. When we seek medical treatment, we do so believing that we are placing our health — and at times even our lives — in trustworthy hands. When doctors are negligent , leaving you with even worse illnesses or harm as a result, trust in the experienced and savvy Independence, MO medical malpractice lawyers of Burger Law to get you justice and full financial compensation. Not only are we compassionate and dedicated to our Independence, MO clients, but we are more aggressive than the majority of law firms in filing litigation and not waiting around for the negligent doctor to take responsibility. Our medical malpractice lawyers want medical professionals and their insurance company to realize that we mean business and will accept nothing but the best possible financial recovery. Negligent health care can have ruinous, life-long repercussions, and in the worst cases can even cause wrongful death.

In our 30 years of experience fighting back against bullies and getting great results for the injured, we have won our clients over $175 million in verdicts and settlements. If you or someone you love has been hurt by a careless doctor in Independence, MO, reach out to Burger Law's medical malpractice lawyers right away at (573) 500-HURT or contact us online.

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

Medical Malpractice Statistics | Independence, MO Medical Malpractice Lawyers

Research by John Hopkins Medicine found that 10 percent of all deaths nationwide are owing to medical error. Just one percent of physicians account for almost 33 percent of medical malpractice lawsuits. Too often, negligent doctors are permitted to keep practicing without any repercussions. But when the state of Missouri does not want to hold negligent doctors responsible, you can be confident the medical malpractice lawyers of Burger Law will.

In Missouri, less than a third of medical malpractice cases end with the plaintiff collecting damages. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice cases. You need devoted and experienced Missouri medical malpractice lawyers to ensure you recover the maximum financial recovery you deserve.

Who Your Medical Malpractice Lawyers in Independence, MO Can Hold Accountable in Your Claim

We usually automatically think of doctors when we think of medical malpractice, there are many parties that may be culpable 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 suits are typically complex; it may not be immediately clear who was to blame, or many parties could be accountable. The trustworthy and skilled Independence, MO medical malpractice lawyers at Burger Law will conduct a full investigation into your case and make sure that every party that caused you injuries is held responsible for their reckless actions.

Examples of Medical Malpractice in Independence, MO

Medical negligence transpires 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 addressed your health problems. Our Independence, MO medical malpractice lawyers have seen that happen in all sorts of ways:

Failure to Diagnose or Misdiagnosis

This is the most common reason for medical malpractice lawsuits that take place in out-of-hospital care. Roughly 12 million people in United States are misdiagnosed each year. Diagnosing health issues early on is often a deciding factor 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 lead to incorrect treatment that compounds your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most deadly health conditions, including:

  • 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 case when it comes to inpatient care. There are a minimum of 4,000 surgical mistakes in the U.S. each year, and frighteningly, the most common source is performing surgery on an erroneous body part. Other instances can include accidental cuts, anesthesia mistakes, foreign objects like sponges being left inside the patient, infections or failure to treat complications surface after the procedure.

Medication Errors

An estimated 7,000 to 9,000 people in the United States die every year owing to mistakes when administering medication. Examples can include not knowing a patient's allergies, giving an incorrect medication, giving the wrong dosage or failing to recognize interactions with other drugs.

Medication errors can also include overprescribing medications. Studies show that overprescribing is a main contributor to the opioid crisis in the United States.

Unnecessary Care

Unnecessary medical care costs roughly $210 billion every year. John Hopkins Medicine asked 2,106 physicians and found that doctors themselves think that 15 to 30 percent of medical care is unnecessary, including:

  • Over one-fifth of prescription medications
  • 24.9 percent of medical tests
  • Over one-tenth of procedures
  • 20.6 percent of medical treatment in general

Unnecessary treatment can lead to 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 serious birth injury each year. Not appropriately monitoring the child during delivery, not appropriately utilizing birthing techniques or not diagnosing a health problem with the mother during pregnancy are all examples of medical negligence that can result in long-term or lifelong consequences.

Nursing Home Neglect and Abuse

The 1987 Nursing Home Reform Act determined a Bill of Rights for nursing home residents meant to shield and secure their physical, emotional and social well-being. When a nursing home institution or staff shirks those rights and your family member is harmed as a result, the medical malpractice lawyers of Burger Law will hold them accountable.

Failure to Inform or Lack of Consent

We all have an inherent right to make choices for ourselves. When a medical professional does not inform you of risks, or neglects to acquire your consent before a procedure, it is an egregious breach of your rights.

At Burger Law, our Independence, MO medical malpractice lawyers have experience with every sort of negligence claim. We know the devastating repercussions a healthcare professional's or institution's negligence can cause, and the anger and grief that comes with finding out that your trust was broken. We hold careless doctors accountable and win our Independence, MO clients the great compensation they deserve and require to move on and be made whole again. 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 Independence, MO straight away at (573) 500-HURT.

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Medical Malpractice Cases Won

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


How Medical Malpractice Lawyers in Missouri Can Help

Medical malpractice suits are notoriously hard to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, tenacity and talent to win you the best possible compensation you know you deserve. When you hire us, our Missouri medical malpractice lawyers:

  • Start working on your case straight away
  • Connect you with trusted and competent doctors to finally get you the medical treatment you deserve
  • Conduct a complete investigation, including obtaining medical records, qualified testimony and taking depositions of the defendant
  • Converse with our network of Independence, MO medical experts to determine standard of care in your case, demonstrate how the care you received was not up to the standard and prove negligence
  • Offer empathetic, wise and straightforward legal counsel
  • Keep you informed through the duration of your lawsuit so you are not left in the dark and you have all the information 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
  • Work alongside with economic experts to determine exactly how much your claim is worth
  • Negotiate with the insurance company to deliver you the best possible settlement offer
  • Take your case to court when the insurance company does not want to offer what you deserve in mediation

At Burger Law, we know that the average person in Independence, MO does not have access to the resources and legal know-how to oppose the high-priced defense teams of doctors and large insurance companies. For that reason, our Independence, MO medical malpractice lawyers operate on a contingency fee basis. We accept no attorneys fees until we get you the full compensation you deserve. We have devoted our careers to making sure that the injured and vulnerable in Independence, MO have access to the highest form of legal representation, one that compares with and exceeds that of large insurance companies. Our medical malpractice lawyers always work to eliminate every impediment standing between you and justice.

What You Need in a Medical Malpractice Claim

Not every error committed by medical professional constitutes malpractice. In order to get compensation for negligent treatment in Independence, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you demonstrate that:

  1. A doctor-patient relationship existed. This amounts to proof that you hired the doctor and the doctor agreed to be hired. This is generally not hard to prove.
  2. The doctor or healthcare provider was breached the standard of care. You need to be able to prove that a competent doctor in the same field, in the same geographical location caring for the same medical issue, would not have committed the same mistake.
  3. The doctor’s violation of the standard of care directly caused you harm. This is often difficult to prove, as patients being treated by a physician are generally already sick or injured.
  4. That the injury caused the patient damages. Examples include physical pain, a disability, additional medical bills, or loss of future earning potential.

In Missouri, you will also need to give 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 says that a) the doctor did not give you the care that a prudent healthcare provider would have under the same circumstances, and b) the failure caused the alleged injuries. Our medical malpractice lawyers have a massive network of accomplished and professional medical connections in Independence and throughout Missouri who will help validate your claim.

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

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

  • Economic damages include:
    • Lost wages
    • Lost earning capacity if the medical negligence caused an impairment that does not permit you to carry out the tasks 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 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 tirelessly until you get every nickel that you deserve. We know that you can never truly recover from some injuries, but we fight to ensure that you get justice.

Malpractice cases diverge from other personal injuries in Missouri in two important manners. 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 decrease insurance premiums for medical negligence. The bill enforces "damage caps" on how much you can recover 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? | Independence, MO Medical Malpractice Lawyers

The limits for catastrophic injuries are greater because they affect your ability to perform daily tasks and to find enjoyment in life. Your Burger Law malpractice lawyers will help you determine if your injury can be viewed 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"

How Long Do I Have to File a Medical Malpractice Claim in Independence, MO?

If you or someone you care about were hurt by a doctor's negligence in Independence, MO, it is crucial to reach out to medical malpractice lawyers at once. While most personal injury cases have a statute of limitation of five years in Missouri, medical malpractice claims only have a statute of limitations of two years, under 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 key 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 family member was under 18 at the time of the substandard care, you have until they turn 20.

Do not wait. Get in touch with the Burger Law Independence, MO medical malpractice lawyers straight away. We get started on your case at once and do not stop until you recover the best possible compensation . Waiting could create complications your case and could make it difficult for even the best medical malpractice lawyers to show the full extent of your damages. Call Burger Law's Independence, MO medical malpractice lawyers immediately at (573) 500-HURT.


Call Burger Law Now

Medical Malpractice Lawyers Independence, MO

No one deserves to have their life disrupted because a doctor gave them substandard care. Burger Law's Independence, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in the Midwest. 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 three decades fighting back against bullies and standing up for the "little guy." We will not let doctors, large corporations abuse your vulnerability. Call Burger Law's Independence, 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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