Medical Malpractice Lawyers Odessa,
You should not have to pay because a physician, hospital or other healthcare professional in Odessa, MO gave you substandard care. When we seek medical attention, we do so believing that we are placing our well-being — and occasionally even our lives — in competent hands. When doctors are negligent , leaving you with even worse illnesses or harm as a consequence, trust in the accomplished and talented Odessa, MO medical malpractice lawyers of Burger Law to get you justice and great financial compensation. Not only are we compassionate and devoted to the injured in Odessa, MO, but we are more aggressive than most law firms in filing lawsuits and not waiting around for the at-fault doctor to take responsibility. Our medical malpractice lawyers want medical professionals and their insurance company to know that we are driven and will accept nothing but maximum compensation. Negligent health care can have cataclysmic, life-long consequences, and in the most tragic circumstances can even result in wrongful death.
In our three decades of experience fighting 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 a family member has been harmed by a thoughtless medical professional in Odessa, MO, call Burger Law's medical malpractice lawyers today at or contact us online.
See how much compensation you may be able to collect by using our free personal injury calculator.
Medical Malpractice Statistics | Odessa, MO Medical Malpractice Lawyers
A study by John Hopkins Medicine found that one in ten of all fatalities in the U.S. are because of medical error. Just one percent of doctors are responsible for about a third of medical malpractice lawsuits. Too often, negligent doctors are allowed to keep practicing without any consequences. 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 33 percent of medical malpractice claims end with the plaintiff being awarded compensation. Still, between 2009 and 2018 a full $631.11 million was awarded in medical malpractice claims. You need committed and veteran Missouri medical malpractice lawyers to make certain you recover the maximum compensation you are owed.
Who Your Medical Malpractice Lawyers in Odessa, MO Can Hold Liable in Your Claim
We frequently immediately think of doctors when we think of medical malpractice, there are many parties that may be guilty 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 typically complicated; it may not be clear straight away who was at fault, or many parties might be accountable. The trusted and talented Odessa, MO medical malpractice lawyers at Burger Law will conduct a full investigation into your case and make certain that every party that caused you harm is held responsible for their careless behavior.
Examples of Medical Malpractice in Odessa, MO
Medical negligence occurs when a healthcare professional violates 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 Odessa, MO medical malpractice lawyers have seen that happen in all sorts of ways:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice claims related to out-of-hospital treatment. About 12 million Americans are misdiagnosed each year. Catching medical issues early on is significant in realizing the best possible outcome for a patient. A misdiagnosis, or missing a diagnosis, can lead to a delay to the care you seriously require to get better, or can result in unsuitable care that aggravates your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most deadly health conditions, including:
- 37.8 percent for cancer
- 22.8 percent for cardiac events
- 13.5 percent for infections
Surgical mistakes are the most frequent medical malpractice claim when it comes to in-hospital treatment. There are at least 4,000 surgical errors in the U.S. each year, and frighteningly, the most common instance is performing surgery 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 issues emerge after the procedure.
An estimated 7,000 to 9,000 people in the U.S. die each year due to mistakes when administering medication. Examples can include not taking a record of the patient's allergies, giving an incorrect medication, giving the wrong dosage or neglecting to identify interactions with other drugs.
Another example of medication errors is overprescribing medications. Studies have found that overprescribing is a significant contributor to the opioid crisis in the U.S.
Unnecessary medical care costs approximately $210 billion annually. John Hopkins Medicine surveyed 2,106 physicians and learned that physicians themselves are of the opinion that 15 to 30 percent of medical care is unnecessary, including:
- 22 percent of prescription medications
- Almost a quarter of medical tests
- 11.1 percent of procedures
- Over one-fifth of all medical treatment
Unnecessary care can result in surgical errors, medication errors and overprescribed medication.
An estimated 6 to 8 out of 1,000 children born in the United States suffer a significant birth injury each year. Not correctly monitoring the infant throughout delivery, not properly using birthing techniques or not identifying a health problem with the mother during pregnancy are all instances of medical malpractice that can cause long-term or lifelong consequences.
Nursing Home Neglect and Abuse
The 1987 Nursing Home Reform Act determined a Bill of Rights for nursing home residents meant to shield and confirm their physical, emotional and social well-being. When a nursing home institution or staff neglects those rights and the person you care about is consequently harmed, the medical malpractice lawyers of Burger Law will hold them to blame.
Failure to Inform or Lack of Consent
We all have an innate right to make decisions for ourselves. When a healthcare professional does not inform you of risks, or does not secure your consent before a procedure, it is a serious violation of your rights.
At Burger Law, our Odessa, MO medical malpractice lawyers have seen it all. We know the traumatic repercussions a healthcare professional's or institution's negligence can cause, and the rage and sorrow that comes with discovering that your trust was betrayed. We hold at-fault doctors to blame and secure our Odessa, MO clients the best possible compensation they deserve and require to move on and be made whole again. Our medical malpractice lawyers also have vast medical knowledge and will be able to pinpoint how your doctor breached the standard of care. Contact our medical malpractice lawyers in Odessa, MO right away at .
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Medical Malpractice Cases Won
Check out the following links to see some of the latest successes Burger Law's medical malpractice lawyers have secured for our clients in Odessa, 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 suits are notably hard to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, persistence and skills to deliver you the great financial recovery you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Get started on your case immediately
- Connect you with honest and capable doctors to finally get you the medical treatment you deserve
- Carry out a comprehensive investigation, including collecting medical records, professional testimony and taking official statements from the defendant
- Consult with our network of Odessa, MO medical experts to establish standard of care in your case, show how the care you were given was substandard and prove negligence
- Offer sympathetic, knowledgeable and honest legal advice
- Make sure you informed through the duration of 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 healing
- Confer with with economic experts to ascertain exactly how much your claim is worth
- Negotiate with the insurance company to win you a full settlement offer
- Take your case to trial when the insurance company does not want to offer what you are owed in mediation
At Burger Law, we know that most people in Odessa, MO does not have access to the resources and legal know-how to counter the expensive defense teams of doctors and large corporations. That is why our Odessa, MO medical malpractice lawyers operate on a contingency fee basis. We charge no attorneys fees until we get you the full compensation you deserve. We have devoted our careers to ensuring that the injured and vulnerable in Odessa, MO have access to the highest quality legal advocacy, one that matches and eclipses that of large hospitals. Our medical malpractice lawyers always work to abolish every hindrance standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every error committed by medical professional constitutes malpractice. In order to collect a financial recovery for substandard care in Odessa, MO, you must conclusively show four things. Your medical malpractice lawyers from Burger Law will help you demonstrate that:
- A doctor-patient relationship was intiated. This amounts to proof that you hired the doctor and the doctor agreed to be hired. This is typically not difficult to prove.
- The doctor or healthcare provider was breached the standard of care. You need to be able to show that a capable healthcare professional in the same field, in the same geographical location caring for the same medical condition, would not have committed the same mistake.
- The doctor’s negligence directly caused you injured. This can frequently be difficult to prove, as patients being treated by a physician are generally already sick or injured.
- That the injury caused the patient harm that they should be compensated for. Instances can include physical pain, impairment, additional medical bills, or loss of future earning potential.
In Missouri, you will also be required to provide an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your claim, following Missouri Revised Statute §538.225. This is a written opinion from a a healthcare professional in the same field that opines that a) the doctor did not give you the care that a careful healthcare provider would have in the same situation, and b) the failure caused the alleged harm. Our medical malpractice lawyers have a massive network of accomplished and professional medical connections in Odessa and throughout Missouri who will help verify your claim.
What Compensation Can I Collect? | Odessa, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you collect usually falls into two categories: economic damages, which seek to compensate you for the financial damages you have undergone because of a doctor's negligence; 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 caused a disability that does not allow you to perform the tasks of your job anymore
- Medical costs, for example:
- Follow up appointments
- Physical rehabilitation
- Medication costs
- In-home medical care
- Assistive devices such as crutches or needed 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 nickel that you deserve. We know that some injuries are impossible to truly heal from, but we fight to make certain that you get justice.
Malpractice cases differ from other personal injuries in Missouri in two crucial 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 reduce insurance premiums for medical liability. The bill set "damage caps" on how much compensation you can collect 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? | Odessa, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are higher because they affect your ability to perform daily tasks and to find enjoyment in life. Your Burger Law malpractice lawyers will help you ascertain if your injury can be considered 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 Odessa, MO?
If you or a loved one were hurt by a doctor's negligence in Odessa, MO, it is key to call medical malpractice lawyers straight away. While most personal injury cases have a time limit of five years in Missouri, medical malpractice cases only have a statute of limitations of two years, pursuant to Missouri Revised Statute §516.105. That means that once you have been injured 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 your family member was under 18 on the date of the malpractice, you have until they turn 20.
There is no time to wait. Call the Burger Law Odessa, MO medical malpractice lawyers today. We get started on your case at once and do not rest until you have been fully compensated . Waiting could create complications your suit and could make it tough for even the best medical malpractice lawyers to show the full extent of your damages. Call Burger Law's Odessa, MO medical malpractice lawyers immediately at .
Medical Malpractice Lawyers Odessa, MO
No one deserves to have their life upended because a healthcare professional gave them substandard care. Burger Law's Odessa, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in Odessa, MO. We fight hard for our clients and work tirelessly to get them the great results they need to recover. 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 medical professionals, large corporations manipulate your vulnerability. Call Burger Law's Odessa, MO medical malpractice lawyers today at or fill out our online form to start on your road to recovery.