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Medical Malpractice Lawyers Lexington, Missouri
Medical Malpractice Lawyers in Lexington, Missouri. If you or a family member were harmed because a physician did not provide you with the adequate treatment that you deserved, call Burger Law straight away at (314) 500-HURT or fill out our online form. Our medical malpractice lawyers always get the best possible financial recoveries for the vulnerable in Lexington and throughout Missouri.
You should not have to pay because a physician, hospital or other healthcare professional in Lexington, MO gave you substandard care. When we get medical attention, 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 and you end up with even worse sickness or injuries as a consequence, trust in the veteran and skilled Lexington, MO medical malpractice lawyers of Burger Law to deliver you justice and the best possible compensation. Not only are we sympathetic and devoted to the injured in Lexington, MO, but we are more aggressive than the majority of law firms in filing lawsuits and not waiting around for the liable doctor to take responsibility. Our medical malpractice lawyers want healthcare professionals and their insurance company to understand that we are driven and will accept nothing but the best possible financial recovery. Negligent health care can have traumatic, permanent repercussions, and in the most tragic cases can even cause wrongful death.
In our three decades of experience standing up to bullies and getting the best possible results for our clients, we have secured our clients over $175 million in verdicts and settlements. If you or a family member has been hurt by a careless physician in Lexington, MO, get in touch with 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 using our free personal injury calculator.
Chesterfield, MO
100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Medical Malpractice Statistics | Lexington, 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 account for nearly 33 percent of medical malpractice cases. Too often, negligent doctors are permitted to keep practicing without any consequences. But when the state of Missouri does not want to hold at-fault doctors responsible, you can be sure the medical malpractice lawyers of Burger Law will.
In Missouri, less than 33 percent of medical malpractice claims end with the plaintiff receiving compensation. Still, between 2009 and 2018 a full $631.11 million was awarded in medical malpractice claims. You need committed and seasoned Missouri medical malpractice lawyers to make certain you are awarded the full compensation you are owed.
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 Lexington, MO Can Hold Accountable in Your Case
We often immediately think of doctors when we think of medical malpractice, there are many people or institutions 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 lawsuits are typically complicated; it may not be immediately clear who was responsible, or many people might be liable. The dependable and skilled Lexington, MO medical malpractice lawyers at Burger Law will conduct a full investigation into your claim and make sure that each party that caused you harm is held responsible for their reckless actions.
Examples of Medical Malpractice in Lexington, MO
Medical negligence takes place 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 care for your health problems. Our Lexington, MO medical malpractice lawyers have seen that take place in many different ways:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice suits related to out-of-hospital care. More or Less 12 million people in United States are misdiagnosed each year. Catching medical problems early on is imperative in getting the most favorable results for a patient. A misdiagnosis, or missing a diagnosis, can lead to a delay to the treatment you seriously require to become healthier, or can lead to improper care that worsens 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 Errors
Surgical errors are the most common medical malpractice claim when it comes to in-hospital treatment. There are at least 4,000 surgical errors nationwide annually, and frighteningly, the most common example is performing surgery on the wrong body part. Other examples can include accidental cuts, anesthesia errors, foreign objects like scissors remaining inside the patient, infections or failure to treat issues arising from the surgery.
Medication Errors
An estimated 7,000 to 9,000 people in the United States die each year due 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 recognize interactions with other drugs.
Another instance of medication errors is overprescribing medications. Studies show that overprescribing is a major contributor to the opioid crisis in the United States.
Unnecessary Care
Unnecessary medical care costs approximately $210 billion annually. John Hopkins Medicine asked 2,106 physicians and learned that doctors themselves think that 15 to 30 percent of medical care is unnecessary, including:
- 22 percent of prescription medications
- 24.9 percent of medical tests
- 11.1 percent of procedures
- 20.6 percent of all medical care
Unneeded treatment can cause surgical mistakes, medication errors and overprescribed medication.
Birth Injuries
Approximately 6 to 8 out of 1,000 children born in the United States sustain a serious birth injury Annually. Not appropriately observing the child throughout birth, not correctly implementing birthing procedures or not diagnosing a health issue with 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 created a Bill of Rights for nursing home residents meant to protect and confirm 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 responsible.
Failure to Inform or Lack of Consent
We all have a fundamental right to make decisions for ourselves. When a doctor does not inform you of risks, or neglects to obtain your consent before treatment, it is a serious breach of your rights.
At Burger Law, our Lexington, MO medical malpractice lawyers have experience with every kind of malpractice claim. We know the catastrophic consequences a healthcare professional's or institution's negligence can cause, and the rage and sorrow that comes with discovering that your trust was broken. We hold careless doctors responsible and secure our Lexington, MO clients the best possible financial recovery they deserve and require to move on and be made whole again. Our medical malpractice lawyers also have extensive medical comprehension and will be able to identify exactly how your doctor breached the standard of care. Call our medical malpractice lawyers in Lexington, MO right away at (314) 500-HURT.
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Medical Malpractice Cases Won
Take a look at the following links to see some of the latest successes Burger Law's medical malpractice lawyers have secured for our clients in Lexington, 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 lawsuits are notably hard to win. That is why you need excellent medical malpractice lawyers that have the experience, knowledge, persistence and savvy to secure you the great compensation you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Start working on your claim right away
- Connect you with trustworthy and capable physicians to finally get you the medical attention you deserve
- Carry out a comprehensive investigation, including gathering medical records, expert testimony and taking depositions of the defendant
- Converse with our team of Lexington, MO medical experts to substantiate standard of care in your case, demonstrate how the treatment you were provided with was substandard and prove negligence
- Offer sympathetic, informed and dependable legal guidance
- Keep you informed throughout your lawsuit so you are not left in the dark and you know everything you need to make the best decision for your family
- Handle every legal aspect of your case so you can focus on recovering
- Consult with with economic experts to exactly value your damages
- Negotiate with the insurance company to secure you a full settlement offer
- Take your case to trial when the insurance company does not want to be fair in mediation
At Burger Law, we know that most residents of Lexington, MO does not have the resources and legal proficiency to combat the high-priced defense teams of doctors and large insurance companies. For that reason, our Lexington, 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 dedicated our lives to making sure that the injured and vulnerable in Lexington, MO have access to the highest form of legal representation, one that rivals and exceeds that of large corporations. 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 carried out by medical professional constitutes malpractice. In order to collect compensation for negligent care in Lexington, MO, you must demonstrate 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 negligent. You need to be able to show that a capable medical professional in the same practice area, in the same geographical location caring for the same medical problem, would not have made the same error.
- The doctor’s negligence directly caused you injured. This is often tough to prove, as patients being treated by a doctor are normally already sick or injured.
- That the injury caused the patient damages. Examples include physical pain, a disability, additional medical costs, or loss of earning capacity.
In Missouri, you will also need 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 care that a careful healthcare provider would have under similar circumstances, and b) the negligence contributed to the alleged injuries. Our medical malpractice lawyers have a large network of experienced and qualified medical connections in Lexington and throughout Missouri who will help back up your claim.
What Compensation Can I Recover? | Lexington, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you recover typically falls into two categories: economic damages, which try to compensate you for the monetary loss you have undergone owing to a physician's substandard care; and noneconomic damages, which seek 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 caused a disability that does not allow you to carry out the tasks of your job anymore
- Medical expenses, including:
- Subsequent doctors appointments
- Further procedures
- Physical therapy
- Medication expenses
- In-home medical care
- Assistive devices such as wheelchairs or necessary upgrades 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 cent that you deserve. We know that some injuries are impossible to really heal from, but we fight to make sure that you get justice.
Malpractice cases differ from other personal injuries in Missouri in two important 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 put into law Senate Bill 239 in an attempt to decrease insurance premiums for physicians and hospitals. The bill establishes "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? | Lexington, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are higher 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 establish if your injury can be seen 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"
How Long Do I Have to File a Medical Malpractice Claim in Lexington, MO?
If you or a family member were harmed by a doctor's negligence in Lexington, MO, it is imperative 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 statute of limitations of two years, under 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 your claim. There are three noteworthy 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 under 18 at the time of the negligent, you have until their 20th birthday.
Do not wait. Get in touch with the Burger Law Lexington, MO medical malpractice lawyers immediately. We get started on your case right away and do not rest until you have been fully compensated . Delaying could bring difficulties to your suit and could make it difficult for even the best medical malpractice lawyers to demonstrate the full effects of your damages. Call Burger Law's Lexington, MO medical malpractice lawyers mow at (314) 500-HURT.
Call Burger Law Now
Medical Malpractice Lawyers Lexington, MO
No one deserves to have their life halted because a medical professional was negligent in their care. Burger Law's Lexington, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in Lexington, MO. 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 three decades fighting back against bullies and standing up for the "little guy." We will not let doctors, large hospitals take advantage of your vulnerability. Call Burger Law's Lexington, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.