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Medical Malpractice Lawyers Kansas City, Missouri
Medical Malpractice Lawyers in Kansas City, Missouri. If you or someone you care about were injured because a healthcare professional did not offer you the adequate treatment that you were owed, call Burger Law today at (314) 500-HURT or fill out our online form. Our medical malpractice lawyers always get great results for the vulnerable in Kansas City and throughout Missouri.
You do not have to pay because a physician, medical institution or other medical professional in Kansas City, MO disregarded your health. When we seek medical treatment, we do so under the assumption that we are placing our well-being — and occasionally even our lives — in trustworthy hands. When doctors are negligent and you end up with even worse sickness or injuries as a result, trust in the veteran and skilled Kansas City, MO medical malpractice lawyers of Burger Law to get you justice and a full compensation. Not only are we empathetic and devoted to the injured in Kansas City, MO, but we are more aggressive than the majority of law firms in filing lawsuits and not waiting around for the negligent doctor to take responsibility. Our medical malpractice lawyers want healthcare professionals and their insurance company to know that we mean business and will not take anything but the best possible financial recovery. Negligent health care can have terrible, permanent consequences, and in the worst cases can even cause wrongful death.
In our three decades of experience standing up to bullies and getting great results for our clients, we have won our clients over $175 million in verdicts and settlements. If you or someone you care about has been hurt by a careless physician in Kansas City, MO, reach out to Burger Law's medical malpractice lawyers immediately at (314) 500-HURT or contact us online.
See how much compensation you may be able to receive by using our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Medical Malpractice Statistics | Kansas City, MO Medical Malpractice Lawyers
Data from John Hopkins Medicine found that one in ten of all deaths in the United States are owing to medical error. Just one percent of doctors account for nearly a third of medical malpractice cases. Too often, negligent doctors are allowed to continue practicing without any consequences. But when the state of Missouri does not want to hold at-fault doctors responsible, you can be confident the medical malpractice lawyers of Burger Law will.
In Missouri, less than a third of medical malpractice claims end with the plaintiff recovering damages. Still, between 2009 and 2018 a full $631.11 million was awarded in medical malpractice cases. You need committed and veteran Missouri medical malpractice lawyers to make sure you receive the full financial recovery you deserve.
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How Do I File a Medical Malpractice Lawsuit?
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Who Your Medical Malpractice Lawyers in Kansas City, MO Can Hold Liable in Your Claim
We often automatically think of doctors when we think of medical malpractice, there are many people or institutions that may be guilty 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 claims are frequently intricate; it may not be immediately clear who was to blame, or many people might be responsible. The dependable and knowledgeable Kansas City, MO medical malpractice lawyers at Burger Law will carry out a complete investigation into your case and make certain that every party that caused you injuries is held accountable for their reckless actions.
Examples of Medical Malpractice in Kansas City, MO
Medical negligence happens when a healthcare professional disobeys 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 Kansas City, MO medical malpractice lawyers have seen that happen in a variety of ways:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice lawsuits that take place in outpatient care. Roughly 12 million Americans are misdiagnosed each year. Diagnosing health issues early on is significant in achieving the best possible results for a patient. A misdiagnosis, or failing to diagnose, can cause a delay to the treatment you seriously need to become healthier, or can result in improper care that worsens 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 vascular events
- 13.5 percent for infections
Surgical mistakes are the most common medical malpractice claim related to inpatient care. There are at least 4,000 surgical mistakes in the United States annually, and frighteningly, the most common instance is performing surgery on the wrong body part. Other examples can include accidental cuts, anesthesia errors, foreign objects like scissors being left inside the patient, infections or failure to treat difficulties arising from the procedure.
An estimated 7,000 to 9,000 people in the U.S. die each year because of mistakes when administering medication. Examples can include not being aware of a patient's allergies, giving the wrong medication, giving an incorrect dosage or neglecting to identify interactions with other drugs.
Medication errors can also include overprescribing medications. Studies have found that overprescribing is a principal factor in the opioid crisis in the U.S.
Unnecessary medical care costs about $210 billion every year. John Hopkins Medicine surveyed 2,106 physicians and learned that physicians 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
- More than a tenth of procedures
- 20.6 percent of all medical care
Unnecessary care can lead to surgical mistakes, medication errors and overprescribed medication.
About 6 to 8 out of 1,000 children born in the United States sustain a serious birth injury Annually. Not correctly observing the infant during delivery, not appropriately using birthing procedures or not diagnosing a health issue with the mother during pregnancy are all instances of medical malpractice that can result in long-term or lifelong consequences.
Nursing Home Negligence
The 1987 Nursing Home Reform Act determined a Bill of Rights for nursing home residents meant to protect and guarantee their physical, emotional and social well-being. When a nursing home or its staff disregards those rights and the person you love is injured as a result, the medical malpractice lawyers of Burger Law will hold them liable.
Failure to Inform or Lack of Consent
We all have an inherent right to make decisions for ourselves. When a physician fails to inform you of risks, or fails to obtain your consent before a procedure, it is a serious breach of your rights.
At Burger Law, our Kansas City, MO medical malpractice lawyers have seen it all. We know the ruinous consequences a healthcare professional's or institution's carelessness can cause, and the exasperation and sorrow that accompanies finding out that your trust was broken. We hold careless doctors accountable and deliver our Kansas City, MO clients the best possible compensation they deserve and need to move on and fully recover. Our medical malpractice lawyers also have considerable medical knowledge and will be able to pinpoint how your doctor breached the standard of care. Get in touch with our medical malpractice lawyers in Kansas City, MO now at (314) 500-HURT.
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Medical Malpractice Cases Won
Browse the following links to see some of the recent victories Burger Law's medical malpractice lawyers have won for our clients in Kansas City, 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 lawsuits are notoriously hard to win. That is why you need excellent medical malpractice lawyers that have the experience, knowledge, tenacity and savvy to deliver you the maximum financial recovery you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Start working on your claim straight away
- Connect you with honest and competent doctors to finally get you the medical treatment you deserve
- Perform a full investigation, including gathering medical records, qualified testimony and taking official statements from the defendant
- Converse with our network of Kansas City, MO medical experts to establish standard of care in your case, demonstrate how the treatment you were provided with was not up to the standard and prove negligence
- Offer compassionate, wise and straightforward legal guidance
- Keep you informed throughout your suit so you are aware of what is going on and know everything you need to make the best decision for your family
- Manage every legal aspect of your case so you can focus on healing
- Consult with with economic experts to precisely value your damages
- 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 be fair in mediation
At Burger Law, we know that the average person in Kansas City, MO does not have access to the resources and legal expertise to counter the high-priced defense teams of doctors and large insurance companies. For that reason, our Kansas City, MO medical malpractice lawyers operate on a contingency fee basis. We charge no attorneys fees until we get you the great financial recovery you deserve. We have dedicated our lives to making sure that the injured and vulnerable in Kansas City, MO have access to the highest quality legal representation, one that rivals and exceeds that of large corporations. Our medical malpractice lawyers always work to get rid of every impediment standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every mistake carried out by healthcare institution or doctor constitutes malpractice. In order to collect compensation for negligent treatment in Kansas City, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you prove that:
- A doctor-patient relationship existed. This means 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 violated the standard of care. You need to be able to demonstrate that a capable healthcare professional in the same practice area, 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 can often be hard to prove, as patients under a doctor’s care are generally already sick or injured.
- That the injury caused the patient harm that they should be compensated for. Instances can include physical pain, a disability, additional medical bills, or loss of earning capacity.
In Missouri, you will also need to provide an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your claim, under 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 failure caused the alleged injuries. Our medical malpractice lawyers have a large network of accomplished and qualified medical connections in Kansas City and throughout Missouri who will help authenticate your claim.
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What Compensation Can I Receive? | Kansas City, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you collect typically falls into two categories: economic damages, which are meant to compensate you for the financial loss you have experienced owing to a doctor's negligence; and noneconomic damages, which seek 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 caused a disability that does not permit you to perform the tasks of your job anymore
- Medical expenses, including:
- Follow up appointments
- Physical rehabilitation
- Medication costs
- In-home medical care
- Assistive devices such as crutches 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 relentlessly until you get every nickel that you deserve. We know that some injuries are impossible to really heal from, but we fight to make certain that you get justice.
Malpractice cases vary from other personal injuries in Missouri in two key aspects. 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 lower insurance premiums for physicians and hospitals. The bill puts in place "damage caps" on how much you can recover 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? | Kansas City, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are higher because they impact your ability to function in your daily life and to enjoy life. Your Burger Law malpractice lawyers will help you ascertain if your injury can be considered 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 Kansas City, MO?
If you or someone you love were harmed by a physician's substandard care in Kansas City, MO, it is key to call medical malpractice lawyers straight 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, 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:
- 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 loved one was under 18 at the time of the negligent, you have until they turn 20.
There is no time to wait. Reach out to the Burger Law Kansas City, MO medical malpractice lawyers now. We begin working on your case right away and do not stop until you recover maximum compensation . Waiting could bring complications to your claim and could make it tough for even the best medical malpractice lawyers to demonstrate the full scope of your damages. Call Burger Law's Kansas City, MO medical malpractice lawyers mow at (314) 500-HURT.
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Medical Malpractice Lawyers Kansas City, MO
No one deserves to have their life disrupted because a medical professional gave them substandard care. Burger Law's Kansas City, MO medical malpractice lawyers comprise 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 recover. 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 medical professionals, large hospitals abuse your vulnerability. Call Burger Law's Kansas City, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.