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Medical Malpractice Lawyers Marshall, Missouri

Medical Malpractice Lawyers in Marshall, Missouri. If you or a family member were harmed because a healthcare professional did not provide you with the adequate care that you were owed, call Burger Law now at (573) 500-HURT or complete our online form. Our medical malpractice lawyers always get great results for the injured in Marshall and throughout Missouri.

You should not have to pay because a doctor, hospital or other healthcare professional in Marshall, MO did not respect your health. When we seek medical care, we do so under the assumption that we are placing our well-being — and sometimes even our lives — in proficient hands. When doctors are negligent and you end up with even worse illnesses or injuries as a consequence, trust in the seasoned and talented Marshall, MO medical malpractice lawyers of Burger Law to win you justice and full financial compensation. Not only are we compassionate and dedicated to the injured in Marshall, MO, but we are more aggressive than most law firms in filing litigation and not waiting around for the negligent doctor to take accountability. Our medical malpractice lawyers want healthcare professionals and their insurance company to realize that we are serious and will accept nothing but a full financial recovery. Negligent health care can have ruinous, permanent repercussions, and in the dire cases can even cause wrongful death.

In our three decades of experience pushing back against bullies and getting the best possible results for the injured, we have secured our clients over $175 million in verdicts and settlements. If you or someone you care about has been harmed by a careless medical professional in Marshall, MO, reach out to Burger Law's medical malpractice lawyers straight away at (573) 500-HURT or contact us online.

See how much compensation you may be able to receive by using our free personal injury calculator.

Medical Malpractice Statistics | Marshall, MO Medical Malpractice Lawyers

A study by John Hopkins Medicine found that one in ten of all fatalities in the U.S. are owing to medical error. Just one percent of doctors are responsible for nearly 33 percent of medical malpractice claims. Too often, negligent doctors are permitted to continue practicing without any repercussions. But when the state of Missouri does not want to hold negligent doctors accountable, you can be certain the medical malpractice lawyers of Burger Law will.

In Missouri, less than 33 percent of medical malpractice cases end with the plaintiff recovering compensation. Still, between 2009 and 2018 a full $631.11 million was awarded in medical malpractice cases. You need committed and experienced Missouri medical malpractice lawyers to make sure you receive the maximum financial recovery you are owed.

Who Your Medical Malpractice Lawyers in Marshall, MO Can Hold Responsible in Your Case

We often immediately think of doctors when we think of medical malpractice, there are many parties that may be to blame 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 claims are typically complex; it may not be immediately clear who was accountable, or many people may be accountable. The trustworthy and skilled Marshall, MO medical malpractice lawyers at Burger Law will perform a complete investigation into your case and ensure that every party that caused you harm is held accountable for their thoughtless behavior.

Examples of Medical Malpractice in Marshall, MO

Medical negligence happens when a healthcare professional disobeys 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 Marshall, MO medical malpractice lawyers have seen that happen in myriad 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 U.S. are misdiagnosed every year. Catching health problems early on is significant in achieving the most favorable outcome for a patient. A misdiagnosis, or missing a diagnosis, can result in a delay to the treatment you seriously need to become healthier, or can result in unsuitable treatment that exacerbates your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most grave health conditions, for example:

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

Surgical Errors

Surgical mistakes are the most common medical malpractice case related to inpatient treatment. There are at least 4,000 surgical errors nationwide each year, and frighteningly, the most common source is performing surgery on an incorrect organ. Other examples can include accidental incisions, anesthesia mistakes, foreign objects like sponges remaining inside the patient, infections or failure to address issues emerge after the procedure.

Medication Errors

An estimated 7,000 to 9,000 people in the United States die every 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 failing to identify interactions with other drugs.

Medication errors can also include overprescribing medications. Studies have found that overprescribing is a main factor in the opioid crisis in the U.S.

Unnecessary Care

Unnecessary medical care costs about $210 billion annually. John Hopkins Medicine asked 2,106 doctors and learned that physicians themselves think that 15 to 30 percent of medical care is not needed, including:

  • Over one-fifth of prescription medications
  • Almost a quarter of medical tests
  • Over one-tenth of procedures
  • Over a fifth of all medical care

Unneeded care can result in surgical errors, medication errors and overprescribed medication.

Birth Injuries

Roughly 6 to 8 out of a thousand children born in the United States experience a significant birth injury each year. Not appropriately monitoring the baby during delivery, not correctly implementing birthing techniques or not diagnosing a health issue with the mother during pregnancy are all instances of medical negligence that can result in long-term or permanent health issues.

Nursing Home Neglect and Abuse

The 1987 Nursing Home Reform Act put in place a Bill of Rights for nursing home residents meant to safeguard and confirm their physical, emotional and social well-being. When a nursing home institution or staff does not ensure those rights and the person you care about is consequently harmed, the medical malpractice lawyers of Burger Law will hold them responsible.

Failure to Inform or Lack of Consent

We all have an innate right to make decisions for ourselves. When a medical institution fails to inform you of risks, or neglects to secure your consent before treatment, it is an egregious violation of your rights.

At Burger Law, our Marshall, MO medical malpractice lawyers have experience with every variety of malpractice claim. We know the destructive repercussions a healthcare professional's or institution's carelessness can cause, and the rage and sorrow that accompanies discovering that your trust was betrayed. We hold careless doctors to blame and deliver our Marshall, MO clients the best possible financial recovery they deserve and need to move on and be made whole again. Our medical malpractice lawyers also have vast medical knowledge and will be able to identify precisely how your doctor breached the standard of care. Contact our medical malpractice lawyers in Marshall, MO today at (573) 500-HURT.

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Medical Malpractice Cases Won

Check out the following links to see some of the recent successes Burger Law's medical malpractice lawyers have won for our clients in Marshall, MO:


How Medical Malpractice Lawyers in Missouri Can Help

Medical malpractice claims are infamously difficult to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, perseverance and skills to win you the best possible financial recovery you know you are owed. When you hire us, our Missouri medical malpractice lawyers:

  • Get to work on your claim right away
  • Connect you with honest and capable physicians to finally get you the medical care you are owed
  • Carry out a comprehensive investigation, including gathering medical records, qualified testimony and taking official statements from the defendant
  • Confer with our network of Marshall, MO medical experts to corroborate standard of care in your case, show how the treatment you were provided with was substandard and prove negligence
  • Offer thoughtful, sound and trustworthy legal advice
  • Keep you informed through the duration of your claim 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 focus on healing
  • Work alongside with economic experts to determine exactly how much your claim is worth
  • Negotiate with the insurance adjusters to win you the best possible settlement offer
  • Take your case to court when the insurance company does not want to offer what you deserve in mediation

At Burger Law, we know that most people in Marshall, MO does not have the resources and legal comprehension to combat the expensive defense teams of doctors and large corporations. For that reason, our Marshall, MO medical malpractice lawyers work on a contingency fee basis. We charge no attorneys fees until we get you the best possible compensation you are owed. We have dedicated our careers to making sure that the injured and vulnerable in Marshall, MO have access to the highest quality legal advocacy, one that compares with and exceeds that of large corporations. Our medical malpractice lawyers always work to abolish every hurdle standing between you and justice.

What You Need in a Medical Malpractice Claim

Not every mistake carried out by healthcare institution or physician amounts to malpractice. In order to get a financial recovery for improper care in Marshall, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you prove that:

  1. 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 very easy to prove.
  2. The doctor or healthcare provider was negligent. You need to be able to prove that a capable doctor in the same field, in the same geographical location treating the same health problem, would not have made the same mistake.
  3. The doctor’s negligence directly caused you harm. This can frequently be difficult to prove, as patients being treated by a doctor are usually already sick or injured.
  4. 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 need to give an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your lawsuit, under Missouri Revised Statute §538.225. This is a written opinion from a legally qualified healthcare provider that opines that a) the doctor did not offer the treatment that a prudent healthcare provider would have under similar circumstances, and b) the negligence contributed to the alleged damages. Our medical malpractice lawyers have a large network of experienced and qualified medical connections in Marshall and throughout Missouri who will help authenticate your claim.

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

The compensation your medical malpractice lawyers will help you collect typically falls into two categories: economic damages, which are intended to compensate you for the financial loss you have sustained because of a physician's negligence; and noneconomic damages, which are meant to compensate for the less tangible ways in which your injuries have affected your life:

  • Economic damages include:
    • Lost wages
    • Lost earning capacity if the medical negligence resulted in an impairment that does not permit you to carry out the duties of your job anymore
    • Medical expenses, for instance:
      • Subsequent doctors appointments
      • Further procedures
      • Physical rehabilitation
      • Medication costs
      • In-home medical care
      • Assistive devices such as crutches 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 penny that you deserve. We know that some injuries are impossible to really heal from, but we fight to ensure that your pain and suffering is alleviated.

Malpractice cases diverge from other personal injuries in Missouri in two 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 passed Senate Bill 239 in an attempt to lessen insurance premiums for physicians and hospitals. The bill puts in place "damage caps" on how much you can recover in a medical malpractice lawsuit in noneconomic damages. As of 2022, those caps are $450,098 for a "non-catastrophic injury" and $787,671 for a "catastrophic injury."

What is Catastrophic Injury? | Marshall, MO Medical Malpractice Lawyers

The damage caps for catastrophic injuries are higher because they impact your ability to carry out basic tasks and to enjoy life. Your Burger Law malpractice lawyers will help you ascertain if your injury can be seen 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"

How Long Do I Have to File a Medical Malpractice Claim in Marshall, MO?

If you or someone you love were harmed by a physician's negligence in Marshall, MO, it is essential to get in touch with medical malpractice lawyers immediately. While most personal injury claims have a time limit of five years in Missouri, medical malpractice suits only have a time limit of two years, according 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 notable 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 family member was under 18 on the date of the malpractice, you have until they turn 20.

Do not wait. Contact the Burger Law Marshall, MO medical malpractice lawyers now. We get to work on your case right away and do not let up until you collect full compensation . Waiting could create complications your case and could make it difficult for even the best medical malpractice lawyers to demonstrate the full scope of your damages. Call Burger Law's Marshall, MO medical malpractice lawyers today at (573) 500-HURT.


Call Burger Law Now

Medical Malpractice Lawyers Marshall, MO

No one deserves to have their life upended because a physician gave them substandard care. Burger Law's Marshall, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in Marshall, MO. We fight hard for our clients and work relentlessly to get them the great results they need to move forward with their lives. 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 healthcare professionals, large hospitals manipulate your vulnerability. Call Burger Law's Marshall, MO medical malpractice lawyers today at (573) 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!”

David and Fran Schneider

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