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Medical Malpractice Lawyers Independence, Missouri
Medical Malpractice Lawyers in Independence, Missouri. If you or someone you care about were injured because a physician did not provide you with the proper treatment that you deserved, call Burger Law now at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get great financial recoveries for the injured and vulnerable in Independence and throughout Missouri.
You should not have to pay because a physician, hospital or other medical professional in Independence, MO gave you substandard care. When we seek medical treatment, we do so believing that we are placing our well-being — and at times even our lives — in proficient hands. When doctors are negligent and you end up with even worse illnesses or injuries as a result, believe in the veteran and skilled Independence, MO medical malpractice lawyers of Burger Law to get you justice and great financial compensation. Not only are we understanding and committed to the injured in Independence, MO, but we are more aggressive than the majority of law firms in filing litigation and not waiting around for the negligent doctor to take accountability. Our medical malpractice lawyers want healthcare professionals and their insurance company to know that we are serious and will accept nothing but full compensation. Negligent health care can have devastating, life-long repercussions, and in the most tragic cases can even cause 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 loved one has been harmed by a negligent doctor in Independence, MO, call Burger Law's medical malpractice lawyers right away at (314) 500-HURT or contact us online.
See how much your claim may be worth 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 | Independence, MO Medical Malpractice Lawyers
Data from John Hopkins Medicine found that one-tenth of all deaths in the United States are due to medical error. Just one percent of doctors are responsible for about 33 percent of medical malpractice claims. Too often, negligent doctors are allowed to keep practicing without any ramifications. But when the state of Missouri does not want to hold at-fault doctors responsible, you can be certain the medical malpractice lawyers of Burger Law will.
In Missouri, less than 33 percent of medical malpractice claims end with the plaintiff recovering damages. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice lawsuits. You need dedicated and accomplished Missouri medical malpractice lawyers to ensure you get the full financial recovery you are owed.
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Who Your Medical Malpractice Lawyers in Independence, MO Can Hold Liable in Your Claim
We often immediately think of doctors when we think of medical malpractice, there are many people or institutions that may be to blame for 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 frequently complicated; it may not be immediately clear who was liable, or many parties might be liable. The trusted and talented Independence, MO medical malpractice lawyers at Burger Law will conduct a full investigation into your case and ensure that each party that caused you harm is held responsible for their thoughtless actions.
Examples of Medical Malpractice in Independence, MO
Medical negligence occurs when a healthcare professional violates the standard of care, which is how a competent doctor in the same practice area and same geographic location would have treated your health problems. Our Independence, MO medical malpractice lawyers have seen that transpire in many different ways:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice cases that occur in out-of-hospital treatment. More or Less 12 million people in United States are misdiagnosed every year. Catching medical problems early on is crucial in achieving the most favorable outcome for a patient. A misdiagnosis, or failing to diagnose, can result in a delay to the care you seriously 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 serious health conditions, for example:
- 37.8 percent for cancer
- 22.8 percent for vascular events
- 13.5 percent for infections
Surgical errors are the most common medical malpractice claim related to in-hospital care. There are a minimum of 4,000 surgical mistakes in the U.S. annually, and frighteningly, the most common source is operating on an erroneous organ. Other examples can include accidental cuts, anesthesia mistakes, foreign objects like instruments being left inside the patient, infections or failure to address difficulties show up after the procedure.
An estimated 7,000 to 9,000 people in the U.S. die each year because of medication errors. Examples can include not knowing a patient's allergies, giving the wrong medication, giving the wrong dosage or neglecting to recognize interactions with other drugs.
Medication errors can also include overprescribing medications. Studies show that overprescribing is a principal contributor to the opioid crisis in the United States.
Unnecessary medical care costs about $210 billion every year. John Hopkins Medicine asked 2,106 doctors and discovered that doctors themselves are of the opinion that 15 to 30 percent of medical care is unnecessary, including:
- 22 percent of prescription medications
- Almost a quarter of medical tests
- 11.1 percent of procedures
- Over one-fifth of all medical treatment
Unneeded treatment can result in surgical mistakes, medication errors and overprescribed medication.
An estimated 6 to 8 out of a thousand children born in the United States suffer a significant birth injury each year. Not properly observing the infant throughout birth, not properly implementing birthing procedures or not diagnosing a health problem with the mother during pregnancy are all cases of medical malpractice that can lead to long-term or permanent health conditions.
Nursing Home Negligence
The 1987 Nursing Home Reform Act determined a Bill of Rights for nursing home residents meant to shield and ensure their physical, emotional and social well-being. When a nursing home institution or staff does not respect those rights and your family member is harmed as a result, the medical malpractice lawyers of Burger Law will hold them to blame.
Failure to Inform or Lack of Consent
Everyone has an innate right to make choices for ourselves. When a physician neglects to inform you of risks, or does not obtain your consent before treatment, it is an outrageous infringement on your rights.
At Burger Law, our Independence, MO medical malpractice lawyers have experience with every category of negligence case. We know the catastrophic repercussions a healthcare professional's or institution's neglect can cause, and the anger and sorrow that comes with learning that your trust was broken. We hold negligent doctors responsible and get our Independence, MO clients the maximum financial recovery they deserve and require to move on and be made whole again. Our medical malpractice lawyers also have extensive medical comprehension and will be able to determine exactly how your doctor violated the standard of care. Call our medical malpractice lawyers in Independence, MO straight away at (314) 500-HURT.
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Medical Malpractice Cases Won
Check out the following links to see some of the latest victories Burger Law's medical malpractice lawyers have secured for our clients in Independence, 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 notably difficult to win. That is why you need excellent medical malpractice lawyers that have the experience, knowledge, determination and prowess to secure you the great financial recovery you know you are owed. When you hire us, our Missouri medical malpractice lawyers:
- Get to work on your case at once
- Connect you with honest and capable doctors to finally get you the medical treatment you need
- Carry out a complete investigation, including obtaining medical records, professional testimony and taking depositions of the defendant
- Confer with our network of Independence, MO medical experts to substantiate standard of care in your case, demonstrate how the treatment you were given was below standard and prove negligence
- Offer compassionate, knowledgeable and direct legal guidance
- Keep 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 on healing
- Converse with with economic experts to exactly value your damages
- Negotiate with the insurance adjusters to deliver you a full 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 most residents of Independence, MO does not have access to the resources and legal knowledge to fight the high-priced defense teams of doctors and large insurance companies. That is why our Independence, MO medical malpractice lawyers operate on a contingency fee basis. You do not pay us anything until we get you the maximum compensation you deserve. We have pledged our lives to making sure that the injured and vulnerable in Independence, MO have access to the highest quality legal advocacy, one that rivals and eclipses that of large insurance companies. Our medical malpractice lawyers always work to remove every impediment standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every mistake carried out by medical professional constitutes malpractice. In order to collect compensation for substandard treatment in Independence, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you prove that:
- A doctor-patient relationship existed. This amounts to proof that you hired the doctor and the doctor agreed to be hired. This is commonly very easy to prove.
- The doctor or healthcare provider was breached the standard of care. You need to be able to show that a competent medical professional in the same field, in the same geographical location treating the same medical condition, would not have committed the same error.
- The doctor’s negligence directly caused you harm. This can often be difficult to prove, as patients under a physician's care are customarily already sick or injured.
- That the injury caused the patient harm that they should be compensated for. Examples include physical pain, impairment, additional medical expenses, or loss of future earning potential.
In Missouri, you will also need to provide 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 legally qualified healthcare provider that opines that a) the doctor did not offer the treatment that a prudent healthcare provider would have in the same situation, and b) the failure caused the alleged harm. Our medical malpractice lawyers have a large network of accomplished and professional medical connections in Independence and throughout Missouri who will help certify your claim.
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What Compensation Can I Receive? | Independence, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you recover typically 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 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 led to an impairment that does not allow you to conduct the duties of your job anymore
- Medical bills, such as:
- Follow up appointments
- Further procedures
- Physical rehabilitation
- Medication costs
- In-home medical care
- Assistive devices such as wheelchairs 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
- Physical impairment
- Loss of capacity to enjoy life
- Loss of consortium
Burger Law's medical malpractice lawyers work relentlessly until you get every penny that you are owed. We know that you can never fully heal from some injuries, but we fight to make sure that you get justice.
Malpractice cases vary from other personal injuries in Missouri in two 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 decrease insurance premiums for physicians and hospitals. The bill enforces "damage caps" on how much you can receive in a medical malpractice case 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 damage caps for catastrophic injuries are greater because they affect your ability to perform basic tasks and to enjoy life. Your Burger Law malpractice lawyers will help you determine 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"
What is the Statute of Limitations in a Medical Malpractice Claim in Independence, MO?
If you or someone you care about were harmed by a healthcare professional's substandard care in Independence, MO, it is essential to get in touch with medical malpractice lawyers right away. While most personal injury claims have a statute of limitation of five years in Missouri, medical malpractice lawsuits only have a statute of limitations of two years, pursuant to Missouri Revised Statute §516.105. That means that once you have been hurt 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 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.
- If you or someone you care about was a minor at the time of the negligent, you have until they turn 20.
Do not wait. Get in touch with the Burger Law Independence, MO medical malpractice lawyers immediately. We start working on your case right away and do not let up until you receive full compensation . Waiting could bring complications to 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 Independence, MO medical malpractice lawyers immediately at (314) 500-HURT.
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Medical Malpractice Lawyers Independence, MO
No one deserves to have their life upended because a physician was negligent in their care. Burger Law's Independence, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in the Region. 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 abuse your vulnerability. Call Burger Law's Independence, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.