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Medical Malpractice Lawyers Madison County, Missouri
Medical Malpractice Lawyers in Madison County, Missouri. If you or someone you care about were hurt because a physician did not provide you with the proper treatment that you deserved, call Burger Law immediately at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get great financial recoveries for the vulnerable in Madison County and throughout Missouri.
You should not have to pay because a doctor, hospital or other medical professional in Madison County, IL did not respect your health. When we search out 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 illnesses or harm as a result, trust in the experienced and knowledgeable Madison County, IL medical malpractice lawyers of Burger Law to deliver you justice and full financial compensation. Not only are we compassionate and dedicated to the injured in Madison County, IL, but we are more aggressive than most law firms in filing lawsuits 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 serious and will not take anything but a full financial recovery. Negligent health care can have traumatic, life-long repercussions, and in the worst cases can even result in wrongful death.
In our 30 years of experience fighting back against bullies and getting the best possible results for the injured, we have won our clients over $175 million in verdicts and settlements. If you or someone you care about has been harmed by a careless physician in Madison County, IL, 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 using our free personal injury calculator.
Medical Malpractice Statistics | Madison County, IL Medical Malpractice Lawyers
Data from John Hopkins Medicine found that one in ten of all deaths in the United States are due to medical error. Just one percent of physicians are responsible for almost 33 percent of medical malpractice claims. Too often, negligent doctors are allowed to keep practicing without any repercussions. 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 cases end with the plaintiff being awarded damages. Still, between 2009 and 2018 a full $631.11 million was awarded in medical malpractice claims. You need dedicated and experienced Missouri medical malpractice lawyers to make certain you collect the great compensation 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 Madison County, IL Can Hold To Blame in Your Claim
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 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 suits are frequently complex; it may not be immediately clear who was at fault, or many people may be responsible. The trustworthy and talented Madison County, IL medical malpractice lawyers at Burger Law will carry out a complete investigation into your case and ensure that each party that caused you injuries is held accountable for their negligent behavior.
Examples of Medical Malpractice in Madison County, IL
Medical negligence happens when a healthcare professional violates the standard of care, which is how a competent doctor in the same field and same geographic location would have treated your health problems. Our Madison County, IL 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 suits that take place in outpatient treatment. About 12 million people in United States are misdiagnosed each year. Diagnosing health issues early on is often a deciding factor in realizing the best possible results for a patient. A misdiagnosis, or failing to diagnose, can lead to a delay to the treatment you desperately require to get better, or can result in incorrect care that compounds your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most life-threatening health conditions, for instance:
- 37.8 percent for cancer
- 22.8 percent for cardiac events
- 13.5 percent for infections
Surgical Errors
Surgical mistakes are the most common medical malpractice claim when it comes to inpatient treatment. There are a minimum of 4,000 surgical mistakes in the U.S. every year, and frighteningly, the most common example is operating on an incorrect body part. Other instances can include accidental incisions, anesthesia errors, foreign objects like instruments being left inside the patient, infections or failure to treat problems surface after the procedure.
Medication Errors
An estimated 7,000 to 9,000 people in the U.S. die annually owing to medication errors. Examples can include not knowing a patient's allergies, giving the wrong medication, giving an incorrect dosage or not recognizing interactions with other drugs.
Medication errors can also include overprescribing medications. Studies show that overprescribing is a significant factor in the opioid crisis in the U.S.
Unnecessary Care
Unnecessary medical care costs an estimated $210 billion annually. John Hopkins Medicine surveyed 2,106 physicians and discovered that doctors themselves are under the impression that 15 to 30 percent of medical care is not needed, including:
- 22 percent of prescription medications
- Almost a quarter of medical tests
- Over one-tenth of procedures
- 20.6 percent of all medical care
Unnecessary care can result in surgical errors, medication errors and overprescribed medication.
Birth Injuries
Roughly 6 to 8 out of 1,000 children born in the United States suffer a significant birth injury each year. Not properly observing the child during delivery, not properly implementing birthing techniques or not diagnosing a health problem of the mother during pregnancy are all cases of medical negligence that can cause long-term or permanent health conditions.
Nursing Home Negligence
The 1987 Nursing Home Reform Act put in place a Bill of Rights for nursing home residents meant to shield and guarantee their physical, emotional and social well-being. 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 doctor does not inform you of risks, or neglects to obtain your consent before treatment, it is a serious infringement on your rights.
At Burger Law, our Madison County, IL medical malpractice lawyers have experience with every variety of malpractice claim. We know the horrible repercussions a healthcare professional's or institution's negligence can cause, and the exasperation and grief that comes with learning that your trust was betrayed. We hold negligent doctors responsible and secure our Madison County, IL clients the great financial recovery they deserve and require to move on and be made whole again. Our medical malpractice lawyers also have vast medical comprehension and will be able to discover precisely how your doctor breached the standard of care. Call our medical malpractice lawyers in Madison County, IL at once at (314) 500-HURT.
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Medical Malpractice Cases Won
Check out the links below to see several of the latest victories Burger Law's medical malpractice lawyers have secured for our clients in Madison County, IL:
- $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 tough to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, determination and skills to win you the maximum compensation you know you are owed. When you hire us, our Missouri medical malpractice lawyers:
- Get started on your case right away
- Connect you with trusted and capable physicians to finally get you the medical treatment you deserve
- Conduct a comprehensive investigation, including gathering medical records, professional testimony and taking official statements from the defendant
- Work alongside our team of Madison County, IL medical experts to corroborate standard of care in your case, demonstrate how the care you were provided with was not up to the standard and prove negligence
- Offer sympathetic, informed and trustworthy legal guidance
- Make sure you informed through the duration of your claim 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 spend your energy on healing
- Consult with with economic experts to ascertain precisely how much your claim is worth
- Negotiate with the insurance adjusters to secure you a full 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 most people in Madison County, IL does not have the resources and legal know-how to counter the expensive defense teams of doctors and large corporations. For that reason, our Madison County, IL medical malpractice lawyers operate on a contingency fee basis. You do not owe us any fees until we get you the great financial recovery you deserve. We have devoted our careers to ensuring that the injured and vulnerable in Madison County, IL have access to the highest standard of legal representation, one that matches and eclipses 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 error committed by medical professional amounts to malpractice. In order to get compensation for improper treatment in Madison County, IL, you must prove four things. Your medical malpractice lawyers from Burger Law will help you show 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 generally very easy to prove.
- The doctor or healthcare provider was negligent. You need to be able to prove that a competent healthcare 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 violation of the standard of care directly caused you injured. This is often tough to prove, as patients under a physician's care are typically already sick or injured.
- That the injury caused the patient damages. Instances can 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 claim, under Missouri Revised Statute §538.225. This is a written opinion from a a medical professional in the same field that opines that a) the doctor did not give you the treatment that a careful healthcare provider would have in the same situation, and b) the failure contributed to the alleged injuries. Our medical malpractice lawyers have a wealth of accomplished and qualified medical connections in Madison County and throughout Missouri who will help back up your claim.
What Compensation Can I Collect? | Madison County, IL Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you receive usually falls into two categories: economic damages, which are intended to compensate you for the financial damages you have undergone owing to a physician'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 capacity if the medical negligence led to an impairment that does not allow you to carry out the duties of your job anymore
- Medical costs, such as:
- Subsequent doctors appointments
- Surgeries
- Physical therapy
- Medication expenses
- In-home medical care
- Assistive devices such as wheelchairs or required 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 dime that you are owed. We know that you can never really heal from some injuries, but we fight to ensure that you are made whole again.
Malpractice cases diverge from other personal injuries in Missouri in a couple of important 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 lower insurance premiums for medical negligence. The bill puts in place "damage caps" on how much compensation you can receive 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? | Madison County, IL Medical Malpractice Lawyers
The damage caps for catastrophic injuries are greater because they impact your ability to carry out basic tasks and to find enjoyment in life. Your Burger Law malpractice lawyers will help you determine 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"
What is the Statute of Limitations in a Medical Malpractice Claim in Madison County, IL?
If you or someone you love were harmed by a physician's substandard care in Madison County, IL, it is imperative to get in touch with 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 time limit of two years, pursuant 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 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 neglected 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 negligent, you have until they turn 20.
Do not wait. Get in touch with the Burger Law Madison County, IL medical malpractice lawyers straight away. We start working on your case right away and do not let up until you recover the best possible compensation . Waiting could create complications your case and could make it tough for even the best medical malpractice lawyers to show the full scope of your damages. Call Burger Law's Madison County, IL medical malpractice lawyers immediately at (314) 500-HURT.
Call Burger Law Now
Medical Malpractice Lawyers Madison County, IL
No one deserves to have their life upended because a doctor was negligent in their care. Burger Law's Madison County, IL medical malpractice lawyers make up 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 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 hospitals abuse your vulnerability. Call Burger Law's Madison County, IL medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.