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Medical Malpractice Lawyers Kirkwood, Missouri
Medical Malpractice Lawyers in Kirkwood, Missouri. If you or a family member were hurt because a healthcare professional did not offer you the adequate care that you were owed, 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 the vulnerable in Kirkwood and throughout Missouri.
You do not have to pay because a doctor, medical institution or other medical professional in Kirkwood, MO gave you substandard care. When we seek medical attention, we do so believing that we are placing our well-being — and sometimes even our lives — in dependable hands. When doctors are negligent and you end up with even worse illnesses or harm as a consequence, trust in the accomplished and knowledgeable Kirkwood, MO medical malpractice lawyers of Burger Law to win you justice and full financial compensation. Not only are we empathetic and committed to our Kirkwood, MO clients, but we are more aggressive than most law firms in filing litigation and not waiting around for the at-fault doctor to take accountability. Our medical malpractice lawyers want healthcare professionals and their insurance company to understand that we are driven and will not take anything but full compensation. Negligent health care can have horrible, life-long consequences, and in the dire cases can even cause wrongful death.
In our 30 years of experience pushing back against bullies and getting the best possible results for the injured, we have gotten our clients over $175 million in verdicts and settlements. If you or someone you love has been hurt by a negligent physician in Kirkwood, MO, call Burger Law's medical malpractice lawyers right away at (314) 500-HURT or contact us online.
See how much your claim may be worth by filling out our free personal injury calculator.
Medical Malpractice Statistics | Kirkwood, MO Medical Malpractice Lawyers
Data from 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 are responsible for almost a third of medical malpractice cases. Too often, negligent doctors are permitted 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 33 percent of medical malpractice lawsuits end with the plaintiff recovering compensation. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice lawsuits. You need devoted and veteran Missouri medical malpractice lawyers to make certain you collect the great financial recovery you deserve.
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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 Kirkwood, MO Can Hold Liable in Your Claim
We frequently immediately think of doctors when we think of medical malpractice, there are many people or institutions that may be to blame for 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 frequently complex; it may not be immediately clear who was at fault, or many people might be at fault. The dependable and knowledgeable Kirkwood, MO medical malpractice lawyers at Burger Law will carry out a complete investigation into your claim and make sure that every party that caused you harm is held responsible for their thoughtless behavior.
Examples of Medical Malpractice in Kirkwood, MO
Medical negligence occurs 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 addressed your health problems. Our Kirkwood, MO medical malpractice lawyers have seen that happen in all sorts of ways:
Failure to Diagnose or Misdiagnosis
This is the most frequent reason for medical malpractice suits that occur in outpatient treatment. More or Less 12 million Americans are misdiagnosed each year. Catching health issues early on is significant in attaining the most favorable results for a patient. A misdiagnosis, or failing to diagnose, can cause a delay to the treatment you desperately need to become healthier, or can result in improper treatment that exacerbates your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most life-threatening health conditions, including:
- 37.8 percent for cancer
- 22.8 percent for vascular events
- 13.5 percent for infections
Surgical mistakes are the most common medical malpractice case when it comes to in-hospital care. There are at least 4,000 surgical errors in the United States each year, and frighteningly, the most common instance is operating on an erroneous body part. Other examples can include accidental incisions, anesthesia errors, foreign objects like instruments being left inside the patient, infections or failure to address problems show up after the procedure.
An estimated 7,000 to 9,000 people nationwide die every year because of mistakes when administering medication. Examples can include not taking a record of the patient's allergies, giving the wrong medication, giving an incorrect dosage or failing to identify interactions with other drugs.
Medication errors can also include overprescribing medications. Studies show that overprescribing is a main factor in the opioid crisis in the U.S.
Unnecessary medical care costs approximately $210 billion annually. John Hopkins Medicine asked 2,106 doctors and discovered that doctors themselves are of the opinion that 15 to 30 percent of medical care is not needed, including:
- More than one-fifth of prescription medications
- 24.9 percent of medical tests
- 11.1 percent of procedures
- 20.6 percent of medical treatment in general
Unnecessary treatment can lead to surgical mistakes, medication errors and overprescribed medication.
About 6 to 8 out of 1,000 children born in the United States experience a significant birth injury Annually. Not correctly observing the child during delivery, not correctly utilizing birthing techniques or not diagnosing a health issue with the mother during pregnancy are all instances of medical negligence that can lead to long-term or lifelong consequences.
Nursing Home Neglect and Abuse
The 1987 Nursing Home Reform Act established a Bill of Rights for nursing home residents meant to shield and secure their physical, emotional and social well-being. When a nursing home institution or staff does not ensure those rights and your loved one is injured as a result, the medical malpractice lawyers of Burger Law will hold them to blame.
Failure to Inform or Lack of Consent
Everyone has an inherent right to make choices for ourselves. When a doctor does not inform you of risks, or neglects to obtain your consent before a procedure, it is an appalling violation of your rights.
At Burger Law, our Kirkwood, MO medical malpractice lawyers have experience with every variety of malpractice lawsuit. We know the terrible repercussions a healthcare professional's or institution's neglect can cause, and the exasperation and sorrow that accompanies learning that your trust was betrayed. We hold careless doctors responsible and get our Kirkwood, MO clients the full financial recovery they deserve and require to move on and fully recover. Our medical malpractice lawyers also have substantial medical knowledge and will be able to discover exactly how your doctor violated the standard of care. Get in touch with our medical malpractice lawyers in Kirkwood, MO now at (314) 500-HURT.
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Medical Malpractice Cases Won
Check out the links below to see some of the recent successes Burger Law's medical malpractice lawyers have secured for our clients in Kirkwood, 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 cases are notoriously difficult to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, tenacity and savvy to win you the best possible financial recovery you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Start working on your claim immediately
- Connect you with trusted and competent physicians to finally get you the medical attention you need
- Carry out a complete investigation, including acquiring medical records, professional testimony and taking official statements from the defendant
- Work alongside our team of Kirkwood, MO medical experts to substantiate standard of care in your case, demonstrate how the treatment you received was not up to the standard and prove negligence
- Offer thoughtful, informed and dependable legal guidance
- Make sure you informed throughout your suit so you are not left in the dark and you know everything you need to make the best decision for your family
- Manage every legal aspect of your case so you can spend your energy on recovering
- Work with with economic experts to precisely value your damages
- Negotiate with the insurance company to secure you the best possible settlement offer
- Take your case in front of a judge and jury when the insurance company does not want to offer what you deserve in mediation
At Burger Law, we know that the average person in Kirkwood, MO does not have the resources and legal expertise to fight the expensive defense teams of doctors and large hospitals. For that reason, our Kirkwood, MO medical malpractice lawyers work on a contingency fee basis. We accept no attorneys fees until we get you the maximum compensation you are owed. We have devoted our lives to ensuring that the injured and vulnerable in Kirkwood, MO have access to the highest standard of legal advocacy, one that equals and surpasses that of large corporations. Our medical malpractice lawyers always work to remove every impediment standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every mistake carried out by medical professional constitutes malpractice. In order to be awarded compensation for negligent care in Kirkwood, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you demonstrate that:
- A doctor-patient relationship was determined. This amounts to 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 breached 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 medical problem, would not have committed the same error.
- The doctor’s negligence directly caused you injured. This is often tough to prove, as patients under a doctor’s care are usually already sick or injured.
- That the injury caused the patient damages. Examples include physical pain, a disability, additional medical bills, or loss of earning capacity.
In Missouri, you will also be required to give an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your lawsuit, following Missouri Revised Statute §538.225. This is a written opinion from a legally qualified healthcare provider that says that a) the doctor did not offer the treatment that a careful healthcare provider would have under the same circumstances, and b) the failure contributed to the alleged damages. Our medical malpractice lawyers have a large network of experienced and qualified medical connections in Kirkwood and throughout Missouri who will help verify your claim.
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What Compensation Can I Receive? | Kirkwood, 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 monetary damages you have undergone due to 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 capacity if the medical negligence led to a disability that does not allow you to conduct the duties of your job anymore
- Medical expenses, for example:
- 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
- Physical impairment
- Loss of capacity to enjoy life
- Loss of consortium
Burger Law's medical malpractice lawyers work tirelessly until you get every dollar that you deserve. We know that you can never truly recover from some injuries, but we fight to make certain that you get justice.
Malpractice cases differ from other personal injuries in Missouri in two crucial 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 the amount you can be awarded 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? | Kirkwood, 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 find enjoyment in 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 Kirkwood, MO?
If you or someone you love were injured by a healthcare professional's negligence in Kirkwood, MO, it is key to get in touch with medical malpractice lawyers right away. While most personal injury cases have a statute of limitation of five years in Missouri, medical malpractice cases only have a statute of limitations of two years, according to Missouri Revised Statute §516.105. That means that once you have been harmed 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 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 someone you love was a minor at the time of the malpractice, you have until they turn 20.
Do not delay. Call the Burger Law Kirkwood, MO medical malpractice lawyers today. We get to work on your case right away and do not let up until you have been fully compensated . Waiting could create complications your claim and could make it hard for even the best medical malpractice lawyers to demonstrate the full effects of your damages. Call Burger Law's Kirkwood, MO medical malpractice lawyers mow at (314) 500-HURT.
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Medical Malpractice Lawyers Kirkwood, MO
No one deserves to have their life disrupted because a physician gave them substandard care. Burger Law's Kirkwood, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in the Region. We fight hard for our clients and work around the clock to get them the great results they need to be made whole again. 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 doctors, large hospitals abuse your vulnerability. Call Burger Law's Kirkwood, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.