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Medical Malpractice Lawyers Kirksville, Missouri

Medical Malpractice Lawyers in Kirksville, Missouri. If you or a loved one were harmed because a physician did not provide you with the adequate care that you deserved, call Burger Law now at (314) 500-HURT or fill out our online form. Our medical malpractice lawyers always get the best possible compensation for our clients in Kirksville and throughout Missouri.

You should not have to pay because a doctor, medical institution or other medical professional in Kirksville, MO disregarded your health. When we search out medical attention, we do so believing that we are placing our health — and at times even our lives — in proficient hands. When doctors are negligent and you end up with even worse sickness or harm as a result, believe in the seasoned and skilled Kirksville, MO medical malpractice lawyers of Burger Law to get you justice and great financial compensation. Not only are we understanding and dedicated to our Kirksville, MO clients, but we are more aggressive than most law firms in filing litigation 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 are driven and will accept nothing but the best possible financial recovery. Negligent health care can have devastating, life-long consequences, and in the dire circumstances can even cause wrongful death.

In our 30 years of experience pushing back against bullies and getting the best possible 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 injured by a thoughtless physician in Kirksville, MO, get in touch with Burger Law's medical malpractice lawyers straight away at (314) 500-HURT or contact us online.

See the potential value of your claim by using our free personal injury calculator.

Medical Malpractice Statistics | Kirksville, MO Medical Malpractice Lawyers

A study by John Hopkins Medicine found that 10 percent of all deaths nationwide are owing to medical error. Just one percent of doctors account for just about a third of medical malpractice cases. Too often, negligent doctors are allowed to keep practicing without any discipline. But when the state of Missouri does not want to hold negligent doctors accountable, 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 receiving compensation. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice claims. You need devoted and accomplished Missouri medical malpractice lawyers to ensure you receive the great compensation you deserve.

Who Your Medical Malpractice Lawyers in Kirksville, MO Can Hold Responsible in Your Claim

We frequently immediately think of doctors when we think of medical malpractice, there are many parties that may be guilty 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 lawsuits are typically complex; it may not be clear straight away who was liable, or many people could be responsible. The trustworthy and knowledgeable Kirksville, MO medical malpractice lawyers at Burger Law will carry out a full investigation into your claim and make sure that every party that caused you injuries is held accountable for their negligent behavior.

Examples of Medical Malpractice in Kirksville, MO

Medical negligence happens when a healthcare professional breaks 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 Kirksville, MO medical malpractice lawyers have seen that occur in a variety of ways:

Failure to Diagnose or Misdiagnosis

This is the most frequent reason for medical malpractice lawsuits that occur in outpatient care. More or Less 12 million Americans are misdiagnosed annually. Diagnosing health issues early on is often a deciding factor in attaining the best possible results for a patient. A misdiagnosis, or missing a diagnosis, can lead to a delay to the care you seriously require to become healthier, or can result in incorrect treatment that exacerbates your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most severe health conditions, for instance:

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

Surgical Errors

Surgical errors are the most common medical malpractice claim related to inpatient care. There are a minimum of 4,000 surgical mistakes in the U.S. each year, and frighteningly, the most common instance is operating on the wrong organ. Other examples can include accidental cuts, anesthesia errors, foreign objects like sponges remaining inside the patient, infections or failure to address difficulties show up after the surgery.

Medication Errors

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

Another example of medication errors is overprescribing medications. Studies show that overprescribing is a main contributor to the opioid crisis in the United States.

Unnecessary Care

Unnecessary medical care costs approximately $210 billion every year. John Hopkins Medicine surveyed 2,106 physicians and discovered 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 care in general

Unnecessary care can cause surgical mistakes, medication errors and overprescribed medication.

Birth Injuries

Approximately 6 to 8 out of a thousand children born in the United States sustain a serious birth injury each year. Not properly monitoring the baby throughout birth, not properly utilizing birthing procedures or not diagnosing a health problem of the mother during pregnancy are all examples of medical negligence that can lead to long-term or permanent consequences.

Nursing Home Negligence

The 1987 Nursing Home Reform Act put in place 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 disregards those rights and your loved one is consequently injured, the medical malpractice lawyers of Burger Law will hold them accountable.

Failure to Inform or Lack of Consent

Everyone has a basic right to make decisions for ourselves. When a physician neglects to inform you of risks, or neglects to acquire your consent before a procedure, it is a horrible violation of your rights.

At Burger Law, our Kirksville, MO medical malpractice lawyers have experience with every sort of malpractice lawsuit. We know the cataclysmic repercussions a healthcare professional's or institution's neglect can cause, and the rage and sorrow that accompanies learning that your trust was betrayed. We hold negligent doctors to blame and get our Kirksville, MO clients the full financial recovery they are owed and that they require to move on and be made whole again. Our medical malpractice lawyers also have exhaustive medical comprehension and will be able to discover exactly how your doctor violated the standard of care. Call our medical malpractice lawyers in Kirksville, MO at once at (314) 500-HURT.

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Medical Malpractice Cases Won

Take a look at the links below to see several of the recent victories Burger Law's medical malpractice lawyers have gotten for our clients in Kirksville, MO:


What Medical Malpractice Lawyers in Missouri Can Do For You

Medical malpractice suits are notoriously hard to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, tenacity and skills to win you the maximum financial recovery you know you are owed. When you hire us, our Missouri medical malpractice lawyers:

  • Begin working on your claim immediately
  • Connect you with honest and capable physicians to finally get you the medical care you deserve
  • Perform a comprehensive investigation, including obtaining medical records, expert testimony and taking official statements from the defendant
  • Consult with our network of Kirksville, MO medical experts to establish standard of care in your case, demonstrate how the treatment you were provided with was substandard and prove negligence
  • Offer empathetic, sound and straightforward legal direction
  • Keep you informed throughout your lawsuit so you are aware of what is going on and know everything 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 ascertain exactly how much your claim is worth
  • Negotiate with the insurance adjusters to win you a full settlement offer
  • Take your case to trial when the insurance company does not want to offer what you deserve in mediation

At Burger Law, we know that most people in Kirksville, MO does not have access to the resources and legal comprehension to oppose the expensive defense teams of doctors and large corporations. That is why our Kirksville, MO medical malpractice lawyers operate on a contingency fee basis. We charge no attorneys fees until we get you the full financial recovery you deserve. We have committed our careers to ensuring that the injured and vulnerable in Kirksville, MO have access to the highest quality legal representation, one that matches and surpasses that of large hospitals. Our medical malpractice lawyers always work to eliminate every impediment standing between you and justice.

Basic Requirements for a Medical Malpractice Claim

Not every mistake committed by healthcare providers constitutes malpractice. In order to get compensation for substandard treatment in Kirksville, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you prove 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 commonly very easy to prove.
  2. The doctor or healthcare provider was negligent. You need to be able to demonstrate that a competent medical professional in the same practice area, in the same geographical location treating the same health problem, would not have made the same mistake.
  3. The doctor’s violation of the standard of care directly caused the injury. This can frequently be difficult to prove, as patients under a physician's care are customarily already sick or injured.
  4. That the injury caused the patient harm that they should be compensated for. Examples include physical pain, a disability, additional medical bills, or loss of future earning potential.

In Missouri, you will also need to offer an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your suit, 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 careful healthcare provider would have in the same situation, and b) the negligence contributed to the alleged harm. Our medical malpractice lawyers have a large network of accomplished and professional medical connections in Kirksville and throughout Missouri who will help verify your claim.

What Compensation Can I Recover? | Kirksville, MO Medical Malpractice Lawyers

The compensation your medical malpractice lawyers will help you recover usually falls into two categories: economic damages, which seek to compensate you for the monetary damages you have experienced due to 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 capacity if the medical negligence led to an impairment that does not permit you to carry out the tasks of your job anymore
    • Medical bills, for instance:
      • Follow up appointments
      • Surgeries
      • 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
    • Inconvenience
    • Physical impairment
    • Disfigurement
    • Loss of capacity to enjoy life
    • Loss of consortium

Burger Law's medical malpractice lawyers work around the clock until you get every penny that you deserve. We know that some injuries are impossible to fully recover from, but we fight to ensure that you are made whole again.

Malpractice cases differ from other personal injuries in Missouri in a couple of essential manners. 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 passed Senate Bill 239 in an attempt to diminish insurance premiums for medical liability. The bill set "damage caps" on how much compensation you can collect 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? | Kirksville, MO Medical Malpractice Lawyers

The damage caps for catastrophic injuries are greater because they affect your ability to carry out daily 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 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"

What is the Statute of Limitations in a Medical Malpractice Claim in Kirksville, MO?

If you or a loved one were hurt by a doctor's substandard care in Kirksville, MO, it is crucial to contact medical malpractice lawyers right away. While most personal injury cases have a statute of limitation of five years in Missouri, medical malpractice suits only have a time limit 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 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 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.
  3. If you or your loved one was under 18 at the time of the malpractice, you have until their 20th birthday.

There is no time to wait. Reach out to the Burger Law Kirksville, MO medical malpractice lawyers now. We get to work on your case at once and do not rest until you receive maximum compensation . Waiting could create difficulties for your case and could make it tough for even the best medical malpractice lawyers to show the full extent of your damages. Call Burger Law's Kirksville, MO medical malpractice lawyers today at (314) 500-HURT.


Call Burger Law Now

Medical Malpractice Lawyers Kirksville, MO

No one deserves to have their life disrupted because a doctor gave them substandard care. Burger Law's Kirksville, 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 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 Kirksville, MO medical malpractice lawyers today at (314) 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!”

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