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Medical Malpractice Lawyers Kearney, Missouri
Medical Malpractice Lawyers in Kearney, Missouri. If you or someone you care about were hurt because a healthcare professional did not give you the competent treatment that you deserved, call Burger Law immediately at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get the best possible results for our clients in Kearney and throughout Missouri.
You do not have to pay because a physician, medical institution or other medical professional in Kearney, MO broke the rules. When we seek medical treatment, we do so under the assumption that we are placing our health — and sometimes even our lives — in competent hands. When doctors are negligent and you end up with even worse illnesses or harm as a consequence, trust in the veteran and talented Kearney, MO medical malpractice lawyers of Burger Law to win you justice and the best possible compensation. Not only are we empathetic and dedicated to the injured in Kearney, MO, 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 healthcare professionals and their insurance company to know that we are serious and will accept nothing but the best possible financial recovery. Negligent health care can have cataclysmic, permanent consequences, and in the worst cases can even result in wrongful death.
In our three decades of experience pushing back against bullies and getting great results for our clients, we have gotten our clients over $175 million in verdicts and settlements. If you or someone you love has been harmed by a negligent doctor in Kearney, MO, reach out to Burger Law's medical malpractice lawyers immediately at (314) 500-HURT or contact us online.
See the potential value of your claim 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 | Kearney, MO Medical Malpractice Lawyers
A study by John Hopkins Medicine found that one in ten of all fatalities in the U.S. are due to medical error. Just one percent of physicians account for nearly a third of medical malpractice cases. Too often, negligent doctors are allowed to keep practicing without any penalty. But when the state of Missouri does not want to hold at-fault doctors accountable, you can be sure the medical malpractice lawyers of Burger Law will.
In Missouri, less than a third of medical malpractice cases end with the plaintiff receiving compensation. Still, between 2009 and 2018 a full $631.11 million was awarded in medical malpractice lawsuits. You need dedicated and veteran Missouri medical malpractice lawyers to ensure you get the great compensation you are owed.
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Who Your Medical Malpractice Lawyers in Kearney, MO Can Hold To Blame in Your Case
We usually immediately think of doctors when we think of medical malpractice, there are many people or institutions that may be guilty of 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 suits are typically intricate; it may not be immediately clear who was to blame, or many parties might be accountable. The trustworthy and savvy Kearney, MO medical malpractice lawyers at Burger Law will conduct a complete investigation into your case and make sure that each party that caused you injuries is held responsible for their thoughtless actions.
Examples of Medical Malpractice in Kearney, MO
Medical negligence transpires when a healthcare professional breaches the standard of care, which is how most doctors in the same field and same geographic location would have care for your health issue. Our Kearney, MO medical malpractice lawyers have seen that transpire in myriad ways:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice suits related to outpatient care. About 12 million Americans are misdiagnosed annually. Catching health problems early on is often a deciding factor in achieving the most favorable outcome for a patient. A misdiagnosis, or failing to diagnose, can lead to a delay to the treatment you seriously need to become healthier, or can cause incorrect care that worsens 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 cardiac events
- 13.5 percent for infections
Surgical mistakes are the most common medical malpractice claim related to in-hospital care. There are a minimum of 4,000 surgical mistakes in the United States annually, and frighteningly, the most common source is operating on the wrong organ. Other instances can include accidental incisions, anesthesia errors, foreign objects like sponges remaining inside the patient, infections or failure to address difficulties surface after the procedure.
An estimated 7,000 to 9,000 people nationwide die each year because of mistakes when administering medication. Examples can include not being aware of a patient's allergies, giving an incorrect medication, giving an incorrect dosage or not identifying interactions with other drugs.
Medication errors can also include overprescribing medications. Studies have found that overprescribing is a substantial factor in the opioid crisis in the U.S.
Unnecessary medical care costs about $210 billion annually. John Hopkins Medicine asked 2,106 physicians and found that doctors themselves think that 15 to 30 percent of medical care is not needed, including:
- 22 percent of prescription medications
- 24.9 percent of medical tests
- 11.1 percent of procedures
- 20.6 percent of medical treatment in general
Unneeded treatment can lead to surgical mistakes, medication errors and overprescribed medication.
Approximately 6 to 8 out of 1,000 children born in the United States suffer a significant birth injury each year. Not properly observing the baby throughout delivery, not properly using birthing techniques or not diagnosing a health problem of the mother during pregnancy are all examples of medical negligence that can cause 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 safeguard and ensure their physical, emotional and social health. When a nursing home or its staff does not ensure those rights and your loved one is consequently harmed, the medical malpractice lawyers of Burger Law will hold them accountable.
Failure to Inform or Lack of Consent
We all have an innate right to make choices for ourselves. When a medical professional fails to inform you of risks, or fails to acquire your consent before a procedure, it is a serious violation of your rights.
At Burger Law, our Kearney, MO medical malpractice lawyers have seen it all. We know the terrible consequences a healthcare professional's or institution's thoughtlessness can cause, and the rage and sorrow that accompanies learning that your trust was broken. We hold at-fault doctors accountable and win our Kearney, MO clients the best possible compensation they are owed and that they need to move on and be made whole again. Our medical malpractice lawyers also have vast medical comprehension and will be able to pinpoint how your doctor breached the standard of care. Call our medical malpractice lawyers in Kearney, MO right away at (314) 500-HURT.
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Medical Malpractice Cases Won
Browse the links below to see some of the recent successes Burger Law's medical malpractice lawyers have secured 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 suits are notably tough to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, persistence and talent to win you the maximum compensation you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Begin working on your case straight away
- Connect you with trustworthy and capable doctors to finally get you the medical treatment you are owed
- Carry out a full investigation, including procuring medical records, expert testimony and taking official statements from the defendant
- Work with our team of Kearney, MO medical experts to determine standard of care in your case, show how the care you were given was below standard and prove negligence
- Offer sympathetic, knowledgeable and direct legal guidance
- Keep you informed through the duration of your case 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 on healing
- Converse with with economic experts to determine precisely how much your claim is worth
- Negotiate with the insurance adjusters to win you the best possible settlement offer
- Take your case to trial when the insurance company does not want to offer what you are owed in mediation
At Burger Law, we know that most residents of Kearney, MO does not have access to the resources and legal expertise to combat the expensive defense teams of doctors and large corporations. That is why our Kearney, MO medical malpractice lawyers operate on a contingency fee basis. You do not owe us anything until we get you the full compensation you are owed. We have devoted our careers to ensuring that the injured and vulnerable in Kearney, MO have access to the highest standard of legal advocacy, one that rivals and surpasses that of large insurance companies. Our medical malpractice lawyers always work to get rid of every hindrance standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every mistake carried out by healthcare providers constitutes malpractice. In order to collect a financial recovery for improper treatment in Kearney, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you show that:
- A doctor-patient relationship was determined. This means proof that you hired the doctor and the doctor agreed to be hired. This is usually not difficult to prove.
- The doctor or healthcare provider was violated the standard of care. You need to be able to prove that a competent medical professional in the same field, in the same geographical location caring for the same health issue, would not have committed the same mistake.
- The doctor’s breach of the standard of care directly caused you harm. This is often tough to prove, as patients being treated by a physician are typically already sick or injured.
- That the injury caused the patient damages. This can include physical pain, impairment, additional medical bills, or loss of future earning potential.
In Missouri, you will also be required to give 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 healthcare professional in the same practice area that says that a) the doctor did not provide the treatment that a careful healthcare provider would have in the same situation, and b) the failure caused the alleged damages. Our medical malpractice lawyers have a massive network of accomplished and professional medical connections in Kearney and throughout Missouri who will help verify your claim.
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What Compensation Can I Receive? | Kearney, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you get typically falls into two categories: economic damages, which seek to compensate you for the monetary damages you have undergone owing to a physician's substandard care; and noneconomic damages, which try 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 led to an impairment that does not allow you to conduct the duties of your job anymore
- Medical expenses, such as:
- Follow up appointments
- Physical therapy
- Medication expenses
- 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 tirelessly until you get every nickel that you deserve. We know that you can never fully recover from some injuries, but we fight to ensure that your pain and suffering is alleviated.
Malpractice cases differ from other personal injuries in Missouri in a couple of 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 attempt to lower insurance premiums for medical negligence. The bill set "damage caps" on how much you can collect 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? | Kearney, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are higher because they impact your ability to perform daily tasks and to enjoy life. Your Burger Law malpractice lawyers will help you determine if your injury can be viewed 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 Kearney, MO?
If you or a loved one were injured by a medical professional's substandard care in Kearney, MO, it is key to get in touch with medical malpractice lawyers immediately. While most personal injury cases have a time limit of five years in Missouri, medical malpractice suits only have a time limit 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 suit. There are three important 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 your family member was under 18 at the time of the substandard care, you have until their 20th birthday.
Do not delay. Contact the Burger Law Kearney, MO medical malpractice lawyers straight away. We get started on your case right away and do not let up until you have been fully compensated . Delaying could bring complications to your claim and could make it difficult for even the best medical malpractice lawyers to demonstrate the full extent of your damages. Call Burger Law's Kearney, MO medical malpractice lawyers today at (314) 500-HURT.
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Medical Malpractice Lawyers Kearney, MO
No one deserves to have their life disrupted because a physician 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 be made whole again. 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 healthcare professionals, 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.