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Medical Malpractice Lawyers Kirksville, Missouri
Medical Malpractice Lawyers in Kirksville, Missouri. If you or someone you care about were injured because a physician did not give you the adequate 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 results for the injured in Kirksville and throughout Missouri.
You do not have to pay because a doctor, hospital or other healthcare professional in Kirksville, MO broke the rules. When we get medical treatment, we do so under the assumption that we are placing our well-being — and at times even our lives — in dependable hands. When doctors are negligent , leaving you with even worse sickness or injuries as a result, believe in the accomplished and skilled Kirksville, MO medical malpractice lawyers of Burger Law to deliver you justice and great financial compensation. Not only are we compassionate and committed to our Kirksville, MO clients, but we are more aggressive than the majority of law firms in filing litigation and not waiting around for the liable doctor to take responsibility. Our medical malpractice lawyers want healthcare professionals and their insurance company to realize that we are serious and will not take anything but a full financial recovery. Negligent health care can have devastating, permanent consequences, and in the dire cases can even lead to wrongful death.
In our 30 years of experience fighting 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 care about has been harmed by a thoughtless doctor in Kirksville, MO, call Burger Law's medical malpractice lawyers immediately at (314) 500-HURT or contact us online.
See how much your claim may be worth 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 due to medical error. Just one percent of physicians account for about a third of medical malpractice lawsuits. Too often, negligent doctors are allowed to continue practicing without any discipline. 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 33 percent of medical malpractice lawsuits end with the plaintiff receiving compensation. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice lawsuits. You need committed and veteran Missouri medical malpractice lawyers to ensure you collect the best possible financial recovery you deserve.
What Are the Top Medical Malpractice Claims?
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How Do I File a Medical Malpractice Lawsuit?
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Who Your Medical Malpractice Lawyers in Kirksville, MO Can Hold Responsible in Your Case
We frequently automatically think of doctors when we think of medical malpractice, there are many parties that may be liable for medical negligence in your case. 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 might be accountable. The trustworthy and skilled Kirksville, MO medical malpractice lawyers at Burger Law will perform a full investigation into your claim and make certain that each party that caused you injuries is held accountable for their careless actions.
Examples of Medical Malpractice in Kirksville, MO
Medical negligence transpires when a healthcare professional breaks the standard of care, which is how most doctors in the same practice area and same geographic location would have addressed your health issue. Our Kirksville, MO medical malpractice lawyers have seen that occur in many different ways:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice claims related to outpatient treatment. About 12 million people in United States are misdiagnosed each year. Diagnosing medical problems early on is significant in getting the best possible results for a patient. A misdiagnosis, or missing a diagnosis, can cause a delay to the treatment you desperately require to get better, or can cause unsuitable treatment that compounds your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most deadly health conditions, such as:
- 37.8 percent for cancer
- 22.8 percent for cardiac events
- 13.5 percent for infections
Surgical Errors
Surgical errors are the most frequent medical malpractice claim related to inpatient treatment. There are at least 4,000 surgical mistakes in the United States annually, and frighteningly, the most common example is performing surgery on the wrong body part. Other instances can include accidental cuts, anesthesia errors, foreign objects like scissors remaining inside the patient, infections or failure to treat issues emerge after the procedure.
Medication Errors
An estimated 7,000 to 9,000 people in the U.S. die each year owing to medication errors. Examples can include not being aware of a patient's allergies, giving an incorrect medication, giving the wrong dosage or failing to identify interactions with other drugs.
Another example of medication errors is overprescribing medications. Studies have found that overprescribing is a substantial contributor to the opioid crisis in the United States.
Unnecessary Care
Unnecessary medical care costs roughly $210 billion every year. John Hopkins Medicine asked 2,106 physicians and discovered that physicians themselves believe that 15 to 30 percent of medical care is unnecessary, including:
- 22 percent of prescription medications
- 24.9 percent of medical tests
- Over a tenth of procedures
- Over a fifth of medical care in general
Unnecessary care can result in surgical mistakes, medication errors and overprescribed medication.
Birth Injuries
On average, 6 to 8 out of 1,000 children born in the United States suffer a serious birth injury Every year. Not correctly monitoring the infant during birth, not correctly implementing birthing techniques or not diagnosing a health condition of the mother during pregnancy are all cases of medical negligence that can lead to long-term or permanent consequences.
Nursing Home Neglect and Abuse
The 1987 Nursing Home Reform Act established a Bill of Rights for nursing home residents meant to safeguard and secure their physical, emotional and social health. When a nursing home institution or staff does not respect those rights and the person you love is consequently injured, 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 choices for ourselves. When a medical institution neglects to inform you of risks, or neglects to secure your consent before a procedure, it is an egregious breach of your rights.
At Burger Law, our Kirksville, MO medical malpractice lawyers have seen it all. We know the traumatic repercussions a healthcare professional's or institution's carelessness can cause, and the anger and grief that comes with discovering that your trust was broken. We hold careless doctors liable and get our Kirksville, MO clients the best possible financial recovery they are owed and that they need to move on and fully recover. Our medical malpractice lawyers also have substantial medical knowledge and will be able to determine exactly how your doctor violated the standard of care. Get in touch with our medical malpractice lawyers in Kirksville, MO straight away at (314) 500-HURT.
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Medical Malpractice Cases Won
Check out the links below to see several of the recent victories Burger Law's medical malpractice lawyers have gotten for our clients in Kirksville, 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 suits are notoriously tough to win. That is why you need excellent medical malpractice lawyers that have the experience, knowledge, tenacity and prowess to win you the great compensation you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Get working on your claim right away
- Connect you with trustworthy and competent physicians to finally get you the medical treatment you deserve
- Carry out a full investigation, including procuring medical records, professional testimony and taking depositions of the defendant
- Work alongside our network of Kirksville, MO medical experts to demonstrate standard of care in your case, show how the care you were given was not up to the standard and prove negligence
- Offer compassionate, sound and trustworthy legal direction
- Make sure you informed through the duration of your lawsuit so you are not left in the dark and you 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
- Confer with with economic experts to ascertain precisely how much your claim is worth
- Negotiate with the insurance adjusters to secure 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 Kirksville, MO does not have the resources and legal know-how to fight the expensive defense teams of doctors and large corporations. For that reason, our Kirksville, MO medical malpractice lawyers work on a contingency fee basis. You do not owe us any fees until we get you the best possible financial recovery you deserve. We have committed our careers to making certain that the injured and vulnerable in Kirksville, MO have access to the highest form of legal representation, one that equals and eclipses that of large hospitals. Our medical malpractice lawyers always work to abolish every obstacle standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every error carried out by healthcare providers constitutes malpractice. In order to receive compensation for negligent care in Kirksville, MO, you must demonstrate four things. Your medical malpractice lawyers from Burger Law will help you prove that:
- A doctor-patient relationship was intiated. This means proof that you hired the doctor and the doctor agreed to be hired. This is commonly not hard to prove.
- The doctor or healthcare provider was violated the standard of care. You need to be able to demonstrate that a capable medical professional in the same practice area, in the same geographical location treating the same health condition, would not have made the same mistake.
- The doctor’s breach of the standard of care directly caused the injury. This can frequently be tough to prove, as patients under a doctor’s care are customarily already sick or injured.
- That the injury caused the patient damages. Instances can include physical pain, impairment, additional medical costs, 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, pursuant to Missouri Revised Statute §538.225. This is a written opinion from a a healthcare professional in the same field 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 failure caused the alleged harm. Our medical malpractice lawyers have a massive network of experienced and qualified medical connections in Kirksville and throughout Missouri who will help verify your claim.
What Compensation Can I Collect? | Kirksville, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you recover usually falls into two categories: economic damages, which are meant to compensate you for the financial damages you have experienced owing to a doctor's substandard care; and noneconomic damages, which look 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 conduct the tasks of your job anymore
- Medical bills, including:
- Follow up appointments
- Further procedures
- Physical rehabilitation
- Medication costs
- In-home medical care
- Assistive devices such as wheelchairs 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 tirelessly until you get every dime that you are owed. We know that you can never fully heal from some injuries, but we fight to make sure that you are made whole again.
Malpractice cases vary from other personal injuries in Missouri in a couple of key manners. 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 diminish insurance premiums for medical liability. The bill enforces "damage caps" on how much 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 limits for catastrophic injuries are higher 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 viewed as 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"
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 negligence in Kirksville, MO, it is key to get in touch with medical malpractice lawyers at once. While most personal injury cases have a time limit of five years in Missouri, medical malpractice cases 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 family member was under 18 on the date of the substandard care, you have until their 20th birthday.
There is no time to delay. Reach out to the Burger Law Kirksville, MO medical malpractice lawyers today. We get started on your case right away and do not stop until you have been fully compensated . Delaying could create complications your case and could make it difficult for even the best medical malpractice lawyers to prove the full effects of your damages. Call Burger Law's Kirksville, MO medical malpractice lawyers mow at (314) 500-HURT.
Call Burger Law Now
Medical Malpractice Lawyers Kirksville, MO
No one deserves to have their life disrupted because a physician gave them substandard care. Burger Law's Kirksville, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in the Midwest. 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 corporations exploit 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.