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Medical Malpractice Lawyers Oakville, Missouri
Medical Malpractice Lawyers in Oakville, Missouri. If you or someone you care about were injured because a healthcare professional did not give you the proper treatment that you were owed, call Burger Law today at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get the best possible compensation for the injured and vulnerable in Oakville and throughout Missouri.
You do not have to pay because a doctor, hospital or other medical professional in Oakville, MO broke the rules. When we get medical treatment, we do so under the assumption that we are placing our health — and sometimes even our lives — in competent hands. When doctors are negligent , leaving you with even worse illnesses or harm as a result, trust in the veteran and skilled Oakville, MO medical malpractice lawyers of Burger Law to win you justice and maximum financial compensation. Not only are we sympathetic and committed to the injured in Oakville, MO, 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 persistent and will not take anything but the best possible compensation. Negligent health care can have terrible, permanent consequences, and in the most tragic cases can even result in wrongful death.
In our three decades of experience standing up to bullies and getting great results for our clients, we have secured our clients over $175 million in verdicts and settlements. If you or a loved one has been injured by a negligent physician in Oakville, MO, call Burger Law's medical malpractice lawyers now at (314) 500-HURT or contact us online.
See how much compensation you may be able to receive by filling out our free personal injury calculator.
Medical Malpractice Statistics | Oakville, MO Medical Malpractice Lawyers
Research by John Hopkins Medicine found that one-tenth of all deaths in the United States are due to medical error. Just one percent of doctors are responsible for just about a third of medical malpractice claims. Too often, negligent doctors are permitted to continue practicing without any discipline. But when the state of Missouri does not want to hold at-fault doctors to blame, you can be confident the medical malpractice lawyers of Burger Law will.
In Missouri, less than a third 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 cases. You need devoted and accomplished Missouri medical malpractice lawyers to ensure you get the great compensation you deserve.
Clear Medical Malpractice Violations
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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 Oakville, MO Can Hold Accountable in Your Claim
We often automatically 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
- 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 lawsuits are frequently intricate; it may not be clear straight away who was responsible, or many parties could be to blame. The trustworthy and skilled Oakville, MO medical malpractice lawyers at Burger Law will carry out a full investigation into your claim and make sure that every party that caused you injuries is held accountable for their thoughtless actions.
Examples of Medical Malpractice in Oakville, MO
Medical negligence transpires when a healthcare professional violates the standard of care, which is how a capable doctor in the same field and same geographic location would have addressed your health problems. Our Oakville, MO medical malpractice lawyers have seen that take place in a variety of ways:
Failure to Diagnose or Misdiagnosis
This is the most frequent reason for medical malpractice cases related to out-of-hospital treatment. About 12 million people in United States are misdiagnosed each year. Catching health problems early on is key in getting the best possible outcome for a patient. A misdiagnosis, or failing to diagnose, can result in a delay to the care you desperately require to get better, or can result in inappropriate care 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 mistakes are the most common medical malpractice case related to inpatient care. There are a minimum of 4,000 surgical errors in the United States annually, and frighteningly, the most common instance is operating on an incorrect body part. Other examples can include accidental cuts, anesthesia mistakes, foreign objects like sponges remaining inside the patient, infections or failure to treat difficulties emerge after the procedure.
An estimated 7,000 to 9,000 people in the United States die every year owing to medication errors. Examples can include not knowing a patient's allergies, giving an incorrect medication, giving the wrong dosage or not identifying interactions with other drugs.
Another example of medication errors is overprescribing medications. Studies show that overprescribing is a substantial factor in the opioid crisis in the United States.
Unnecessary medical care costs roughly $210 billion every year. John Hopkins Medicine asked 2,106 physicians and learned that doctors themselves are of the opinion that 15 to 30 percent of medical care is unnecessary, including:
- 22 percent of prescription medications
- 24.9 percent of medical tests
- Over one-tenth of procedures
- 20.6 percent of all medical treatment
Unnecessary treatment can lead to surgical errors, medication errors and overprescribed medication.
Roughly 6 to 8 out of 1,000 children born in the United States sustain a serious birth injury each year. Not properly monitoring the child during delivery, not correctly using birthing techniques or not diagnosing a health problem of the mother during pregnancy are all instances of medical negligence that can result in 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 protect and ensure their physical, emotional and social health. When a nursing home institution or staff does not respect those rights and the person you care about is consequently hurt, 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 medical institution fails to inform you of risks, or neglects to secure your consent before a procedure, it is an outrageous violation of your rights.
At Burger Law, our Oakville, MO medical malpractice lawyers have seen it all. We know the horrible repercussions a healthcare professional's or institution's thoughtlessness can cause, and the anger and sorrow that comes with learning that your trust was betrayed. We hold at-fault doctors to blame and secure our Oakville, MO clients the full compensation they deserve and need to move on and fully recover. Our medical malpractice lawyers also have extensive medical comprehension and will be able to pinpoint how your doctor violated the standard of care. Contact our medical malpractice lawyers in Oakville, MO today at (314) 500-HURT.
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Medical Malpractice Cases Won
Browse the links below to see several of the latest victories Burger Law's medical malpractice lawyers have won for our clients in Oakville, 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 suits are infamously hard to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, tenacity and savvy to deliver you the great financial recovery you know you are owed. When you hire us, our Missouri medical malpractice lawyers:
- Get started on your case immediately
- Connect you with trustworthy and capable doctors to finally get you the medical attention you are owed
- Perform a comprehensive investigation, including obtaining medical records, expert testimony and taking depositions of the defendant
- Confer with our team of Oakville, MO medical experts to corroborate standard of care in your case, demonstrate how the treatment you were provided with was substandard and prove negligence
- Offer compassionate, knowledgeable and straightforward legal advice
- Keep you informed throughout your claim so you are not left in the dark and you have all the information you need to make the best decision for your family
- Manage every legal aspect of your case so you can spend your energy on healing
- Work alongside with economic experts to ascertain precisely how much your claim is worth
- Negotiate with the insurance adjusters to deliver you the best possible 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 people in Oakville, MO does not have access to the resources and legal expertise to combat the high-priced defense teams of doctors and large insurance companies. That is why our Oakville, MO medical malpractice lawyers operate on a contingency fee basis. We charge no attorneys fees until we get you the best possible compensation you are owed. We have committed our careers to making certain that the injured and vulnerable in Oakville, MO have access to the highest form of legal advocacy, one that matches and surpasses that of large corporations. Our medical malpractice lawyers always work to abolish every impediment standing between you and justice.
What You Need in a Medical Malpractice Claim
Not every mistake carried out by medical institution or doctor constitutes malpractice. In order to receive compensation for improper care in Oakville, MO, you must conclusively show four things. Your medical malpractice lawyers from Burger Law will help you show that:
- A doctor-patient relationship existed. This amounts to proof that you hired the doctor and the doctor agreed to be hired. This is usually very easy to prove.
- The doctor or healthcare provider was violated the standard of care. You need to be able to prove that a competent healthcare professional in the same field, in the same geographical location caring for the same medical issue, would not have committed the same mistake.
- The doctor’s violation of the standard of care directly caused the injury. 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 harm that they need to be compensated for. Examples include physical pain, impairment, additional medical expenses, 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 lawsuit, under Missouri Revised Statute §538.225. This is a written opinion from a a medical 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 negligence caused the alleged damages. Our medical malpractice lawyers have a wealth of experienced and professional medical connections in Oakville and throughout Missouri who will help confirm your claim.
Amy: A Trial Story
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What Compensation Can I Receive? | Oakville, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you recover typically falls into two categories: economic damages, which are meant to compensate you for the monetary loss you have experienced 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 potential if the medical negligence led to a disability that does not allow you to carry out the tasks of your job anymore
- Medical bills, for instance:
- Follow up appointments
- Further procedures
- Physical rehabilitation
- Medication expenses
- In-home medical care
- Assistive devices such as crutches 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 relentlessly until you get every penny that you are owed. We know that you can never fully recover from some injuries, but we fight to make certain that your pain and suffering is alleviated.
Malpractice cases diverge from other personal injuries in Missouri in a couple of important aspects. 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 diminish insurance premiums for medical negligence. The bill enforces "damage caps" on the amount you can recover in a medical malpractice case 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? | Oakville, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are greater because they affect your ability to perform basic tasks 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"
What is the Statute of Limitations in a Medical Malpractice Claim in Oakville, MO?
If you or a loved one were injured by a doctor's substandard care in Oakville, MO, it is crucial to reach out to medical malpractice lawyers right away. While most personal injury claims 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 following an injury from medical negligence your medical malpractice lawyers only have two years to investigate your case and file suit. There are three notable 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 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.
- If you or someone you care about was under 18 on the date of the substandard care, you have until their 20th birthday.
Do not delay. Call the Burger Law Oakville, MO medical malpractice lawyers now. We begin working on your case right away and do not rest until you collect the best possible compensation . Waiting could create difficulties for your case and could make it hard for even the best medical malpractice lawyers to show the full consequences of your damages. Call Burger Law's Oakville, MO medical malpractice lawyers immediately at (314) 500-HURT.
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Medical Malpractice Lawyers Oakville, MO
No one deserves to have their life upended because a doctor gave them substandard care. Burger Law's Oakville, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in Oakville, MO. We fight hard for our clients and work around the clock 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 corporations exploit your vulnerability. Call Burger Law's Oakville, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.