Medical Malpractice Lawyers Kearney, Missouri

If you or a loved one were hurt because a doctor did not offer you the competent care that you were owed, call Burger Law immediately at (314) 500-HURT or fill out our online form. Our medical malpractice lawyers always get great financial recoveries for the injured in Kearney and throughout Missouri.

You should not have to pay because a doctor, medical institution or other medical professional in Kearney, MO gave you substandard care. When we seek medical care, we do so believing that we are placing our health — and at times even our lives — in competent hands. When doctors are negligent and you end up with even worse illnesses or injuries as a result, believe in the experienced and savvy Kearney, MO medical malpractice lawyers of Burger Law to secure you justice and maximum financial compensation. Not only are we empathetic and devoted to our Kearney, MO clients, but we are more aggressive than most law firms in filing lawsuits and not waiting around for the liable doctor to take accountability. Our medical malpractice lawyers want medical professionals and their insurance company to understand that we are driven and will not take anything but a full financial recovery. Negligent health care can have traumatic, life-long repercussions, and in the dire circumstances can even lead to wrongful death.

In our 30 years of experience fighting 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 harmed by a thoughtless doctor in Kearney, MO, reach out to Burger Law’s medical malpractice lawyers today at (314) 500-HURT or contact us online.

See how much compensation you may be able to recover by filling out our free personal injury calculator.

Medical Malpractice Statistics | Kearney, MO Medical Malpractice Lawyers

Research by John Hopkins Medicine found that one-tenth of all fatalities nationwide are because of medical error. Just one percent of doctors are responsible for nearly 33 percent of medical malpractice claims. Too often, negligent doctors are allowed to keep practicing without any penalty. 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 lawsuits end with the plaintiff receiving damages. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice lawsuits. You need dedicated and experienced Missouri medical malpractice lawyers to ensure you receive the full compensation you are owed.

Who Your Medical Malpractice Lawyers in Kearney, 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 claim. 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 claims are frequently complex; it may not be clear straight away who was accountable, or many people may be accountable. The trustworthy and skilled Kearney, MO medical malpractice lawyers at Burger Law will carry out a complete investigation into your injuries and make certain that every party that caused you injuries is held accountable for their negligent behavior.

Examples of Medical Malpractice in Kearney, MO

Medical negligence happens 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 issue. Our Kearney, MO medical malpractice lawyers have seen that take place in myriad ways:

Failure to Diagnose or Misdiagnosis

This is the most common reason for medical malpractice cases that take place in out-of-hospital care. About 12 million Americans are misdiagnosed every year. Catching medical issues early on is critical in getting the most favorable outcome for a patient. A misdiagnosis, or failing to diagnose, can result in a delay to the care you desperately require to get better, or can lead to inappropriate treatment that compounds your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most serious health conditions, including:

• 37.8 percent for cancer
• 22.8 percent for vascular events
• 13.5 percent for infections

Surgical Errors

Surgical errors are the most frequent medical malpractice claim when it comes to inpatient treatment. There are at least 4,000 surgical errors nationwide every year, and frighteningly, the most common instance is performing surgery on an erroneous organ. Other examples can include accidental incisions, anesthesia mistakes, foreign objects like sponges being left inside the patient, infections or failure to treat complications arising from the surgery.

Medication Errors

An estimated 7,000 to 9,000 people in the U.S. die each year due to mistakes when administering medication. Examples can include not knowing a patient’s allergies, giving the wrong medication, giving the wrong dosage or not identifying 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 Care

Unnecessary medical care costs about $210 billion annually. 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 unnecessary, including:

• More than one-fifth of prescription medications
• Almost a quarter of medical tests
• 11.1 percent of procedures
• More than one-fifth of all medical care

Unnecessary care can result in surgical errors, medication errors and overprescribed medication.

Birth Injuries

An estimated 6 to 8 out of 1,000 children born in the United States sustain a significant birth injury each year. Not correctly monitoring the infant throughout delivery, not correctly utilizing birthing procedures or not identifying a health condition of the mother during pregnancy are all instances of medical malpractice that can result in long-term or lifelong consequences.

Nursing Home Neglect and Abuse

The 1987 Nursing Home Reform Act put in place a Bill of Rights for nursing home residents meant to safeguard and guarantee their physical, emotional and social well-being. When a nursing home or its staff does not ensure 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

Everyone has a fundamental right to make decisions for ourselves. When a medical institution fails to inform you of risks, or does not secure your consent before a procedure, it is a horrible breach of your rights.

At Burger Law, our Kearney, MO medical malpractice lawyers have experience with every category of negligence suit. We know the ruinous consequences a healthcare professional’s or institution’s thoughtlessness can cause, and the anger and grief that comes with learning that your trust was broken. We hold negligent doctors responsible and win our Kearney, MO clients the full financial recovery they are owed and that they need to move on and be made whole again. Our medical malpractice lawyers also have considerable medical comprehension and will be able to pinpoint how your doctor breached the standard of care. Get in touch with our medical malpractice lawyers in Kearney, MO immediately at (314) 500-HURT.

Medical Malpractice Cases Won

Take a look at the links below to see some of the recent victories Burger Law’s medical malpractice lawyers have gotten for our clients in Kearney, 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

What Medical Malpractice Lawyers in Missouri Can Do For You

Medical malpractice claims are notoriously tough to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, tenacity and savvy to get you the full compensation you know you are owed. When you hire us, our Missouri medical malpractice lawyers:

• Get to work on your claim straight away
• Connect you with honest and capable physicians to finally get you the medical care you need
• Carry out a comprehensive investigation, including acquiring medical records, professional testimony and taking depositions of the defendant
• Confer with our network of Kearney, MO medical experts to ascertain standard of care in your case, show how the treatment you were provided with was below standard and prove negligence
• Offer sympathetic, sound and straightforward legal guidance
• Make sure you informed throughout your lawsuit so you are aware of what is going on and have all the information you need to make the best decision for your family
• Oversee every legal aspect of your case so you can focus your energy on recovering
• Work alongside with economic experts to exactly value your damages
• Negotiate with the insurance adjusters to deliver 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 most people in Kearney, MO does not have the resources and legal expertise to fight the high-priced defense teams of doctors and large hospitals. For that reason, our Kearney, 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 devoted our lives to making sure that the injured and vulnerable in Kearney, MO have access to the highest quality legal advocacy, one that matches and surpasses that of large insurance companies. Our medical malpractice lawyers always work to abolish every hurdle standing between you and justice.

What You Need in a Medical Malpractice Claim

Not every error carried out by healthcare institution or doctor amounts to malpractice. In order to be awarded a financial recovery for improper treatment in Kearney, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you prove that:

1. A doctor-patient relationship was intiated. This means proof that you hired the doctor and the doctor agreed to be hired. This is usually very easy to prove.
2. The doctor or healthcare provider was negligent. You need to be able to demonstrate that a capable doctor in the same field, in the same geographical location treating the same health issue, would not have committed the same mistake.
3. The doctor’s breach of the standard of care directly caused you harm. This is often tough to prove, as patients under a doctor’s care are usually already sick or injured.
4. That the injury caused the patient damages. This can include physical pain, a disability, additional medical bills, or loss of earning capacity.

In Missouri, you will also need to include an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your suit, following Missouri Revised Statute §538.225. This is a written opinion from a a medical professional in the same field that opines that a) the doctor did not give you the care that a prudent healthcare provider would have under similar circumstances, and b) the failure caused the alleged injuries. Our medical malpractice lawyers have a massive network of accomplished and professional medical connections in Kearney and throughout Missouri who will help confirm your claim.

What Compensation Can I Receive? | Kearney, MO Medical Malpractice Lawyers

The compensation your medical malpractice lawyers will help you recover typically falls into two categories: economic damages, which are intended to compensate you for the monetary damages you have undergone because of a doctor’s negligence; and noneconomic damages, which are meant 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 resulted in a disability that does not permit you to perform the tasks of your job anymore
  • Medical expenses, such as:
    • Subsequent doctors appointments
    • Further procedures
    • Physical rehabilitation
    • Medication expenses
    • 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
  • Inconvenience
  • Physical impairment
  • Disfigurement
  • 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 some injuries are impossible to truly recover from, but we fight to make sure that you get justice.

Malpractice cases vary from other personal injuries in Missouri in a couple of important manners. Your medical malpractice lawyers at Burger Law will help you understand damage caps and the statute of limitations in Missouri:

Damage Caps in Missouri Medical Malpractice Cases

In 2015, Missouri state legislature passed Senate Bill 239 in an attempt to reduce insurance premiums for medical negligence. The bill puts in place “damage caps” on the amount you can collect in a medical malpractice claim 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? | Kearney, MO Medical Malpractice Lawyers

The damage caps for catastrophic injuries are greater because they affect your ability to function in your daily life and to enjoy life. Your Burger Law malpractice lawyers will help you determine if your injury can be considered 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”

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

If you or someone you love were hurt by a physician’s negligence in Kearney, MO, it is key 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 cases only have a time limit 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 important 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 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.
3. If you or your family member was a minor at the time of the malpractice, you have until their 20th birthday.

Do not delay. Reach out to the Burger Law Kearney, MO medical malpractice lawyers immediately. We get to work on your case at once and do not stop until you have been fully compensated . Waiting could create difficulties for your suit and could make it difficult for even the best medical malpractice lawyers to show the full effects of your damages. Call Burger Law’s Kearney, MO medical malpractice lawyers today at (314) 500-HURT.

Medical Malpractice Lawyers Kearney, MO

No one deserves to have their life upended because a doctor gave them substandard care. Burger Law’s Kearney, MO medical malpractice lawyers comprise 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 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 physicians, large hospitals abuse your vulnerability. Call Burger Law’s Kearney, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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