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Medical Malpractice Lawyers O'Fallon, Missouri

Medical Malpractice Lawyers in O'Fallon, Missouri. If you or a loved one were injured because a doctor did not provide you with the competent 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 great results for our clients in O'Fallon and throughout Missouri.

You should not have to pay because a doctor, medical institution or other medical professional in O'Fallon, MO did not respect your health. When we get medical care, we do so believing that we are placing our well-being — and occasionally even our lives — in dependable hands. When doctors are negligent and you end up with even worse illnesses or injuries as a consequence, believe in the accomplished and skilled O'Fallon, MO medical malpractice lawyers of Burger Law to get you justice and maximum financial compensation. Not only are we compassionate and dedicated to our O'Fallon, MO clients, but we are more aggressive than most law firms in filing litigation and not waiting around for the liable doctor to take responsibility. Our medical malpractice lawyers want healthcare professionals and their insurance company to realize that we are persistent and will not take anything but the best possible compensation. Negligent health care can have devastating, permanent repercussions, and in the most tragic circumstances can even cause wrongful death.

In our three decades of experience fighting back against bullies and getting great results for the injured, we have secured our clients over $175 million in verdicts and settlements. If you or a loved one has been hurt by a careless doctor in O'Fallon, MO, reach out to Burger Law's medical malpractice lawyers straight away 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 | O'Fallon, MO Medical Malpractice Lawyers

A study by John Hopkins Medicine found that one-tenth of all deaths nationwide are because of medical error. Just one percent of doctors are responsible for just about a third of medical malpractice cases. Too often, negligent doctors are permitted to keep practicing without any discipline. But when the state of Missouri does not want to hold liable doctors accountable, you can be sure the medical malpractice lawyers of Burger Law will.

In Missouri, less than a third of medical malpractice lawsuits end with the plaintiff collecting compensation. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice cases. You need dedicated and veteran Missouri medical malpractice lawyers to make certain you are awarded the best possible financial recovery you are owed.

Who Your Medical Malpractice Lawyers in O'Fallon, MO Can Hold To Blame in Your Case

We often automatically think of doctors when we think of medical malpractice, there are many people or institutions 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 typically complicated; it may not be clear straight away who was responsible, or many parties might be liable. The trustworthy and knowledgeable O'Fallon, MO medical malpractice lawyers at Burger Law will carry out a full investigation into your injuries and make sure that each party that caused you harm is held accountable for their thoughtless behavior.

Examples of Medical Malpractice in O'Fallon, MO

Medical negligence transpires when a healthcare professional breaches the standard of care, which is how most doctors in the same practice area and same geographic location would have treated your health problems. Our O'Fallon, MO medical malpractice lawyers have seen that occur in myriad ways:

Failure to Diagnose or Misdiagnosis

This is the most common reason for medical malpractice cases that occur in out-of-hospital care. Roughly 12 million people in U.S. are misdiagnosed annually. Catching health issues early on is critical in realizing the best possible results for a patient. A misdiagnosis, or missing a diagnosis, can lead to a delay to the care you seriously require to become healthier, or can result in inappropriate treatment that worsens your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most grave health conditions, for instance:

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

Surgical Errors

Surgical errors are the most frequent 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 operating on an erroneous organ. Other instances can include accidental cuts, anesthesia errors, foreign objects like instruments being left inside the patient, infections or failure to address difficulties surface after the procedure.

Medication Errors

An estimated 7,000 to 9,000 people nationwide die annually because of medication errors. Examples can include not knowing a patient's allergies, giving the wrong medication, giving the wrong dosage or not identifying interactions with other drugs.

Medication errors can also include overprescribing medications. Studies show that overprescribing is a principal contributor to the opioid crisis in the U.S.

Unnecessary Care

Unnecessary medical care costs approximately $210 billion annually. John Hopkins Medicine surveyed 2,106 physicians and discovered that doctors themselves are of the opinion that 15 to 30 percent of medical care is not needed, including:

  • More than a fifth 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 errors, 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 each year. Not correctly monitoring the infant throughout birth, not appropriately implementing birthing procedures or not identifying a health problem with the mother during pregnancy are all instances of medical malpractice that can cause long-term or permanent consequences.

Nursing Home Negligence

The 1987 Nursing Home Reform Act put in place a Bill of Rights for nursing home residents meant to safeguard and guarantee their physical, emotional and social well-being. When a nursing home or its staff disregards those rights and the person you care about is injured as a result, 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 choices for ourselves. When a healthcare institution neglects to inform you of risks, or fails to obtain your consent before a procedure, it is a horrible violation of your rights.

At Burger Law, our O'Fallon, MO medical malpractice lawyers have seen it all. We know the ruinous consequences a healthcare professional's or institution's neglect can cause, and the anger and grief that comes with learning that your trust was broken. We hold careless doctors liable and get our O'Fallon, MO clients the full compensation they are owed and that they require to move on and fully recover. Our medical malpractice lawyers also have extensive medical knowledge and will be able to pinpoint how your doctor breached the standard of care. Reach out to our medical malpractice lawyers in O'Fallon, MO right away at (314) 500-HURT.

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Medical Malpractice Cases Won

Browse the links below to see some of the latest victories Burger Law's medical malpractice lawyers have won for our clients in O'Fallon, MO:


What Medical Malpractice Lawyers in Missouri Can Do For You

Medical malpractice claims are notoriously difficult to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, determination and prowess to secure you the best possible financial recovery you know you are owed. When you hire us, our Missouri medical malpractice lawyers:

  • Get working on your claim straight away
  • Connect you with honest and accomplished physicians to finally get you the medical attention you need
  • Carry out a comprehensive investigation, including collecting medical records, professional testimony and taking official statements from the defendant
  • Converse with our network of O'Fallon, MO medical experts to establish standard of care in your case, show how the treatment you were provided with was substandard and prove negligence
  • Offer sympathetic, informed and trustworthy legal counsel
  • Keep you informed through the duration of your lawsuit so you are aware of what is going on and 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
  • Converse with with economic experts to precisely value your damages
  • Negotiate with the insurance company to win 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 residents of O'Fallon, MO does not have the resources and legal comprehension to fight the high-priced defense teams of doctors and large corporations. For that reason, our O'Fallon, MO medical malpractice lawyers work on a contingency fee basis. You do not pay us any fees until we get you the great financial recovery you deserve. We have devoted our careers to making certain that the injured and vulnerable in O'Fallon, MO have access to the highest standard of legal representation, one that matches and exceeds that of large corporations. Our medical malpractice lawyers always work to remove every hindrance standing between you and justice.

What You Need in a Medical Malpractice Claim

Not every mistake carried out by healthcare providers constitutes malpractice. In order to collect compensation for substandard care in O'Fallon, MO, you must demonstrate four things. Your medical malpractice lawyers from Burger Law will help you prove that:

  1. A doctor-patient relationship existed. This amounts to proof that you hired the doctor and the doctor agreed to be hired. This is usually not difficult to prove.
  2. The doctor or healthcare provider was negligent. You need to be able to show that a capable doctor in the same field, in the same geographical location caring for the same health problem, would not have committed the same mistake.
  3. The doctor’s violation of the standard of care directly caused the injury. This can often be tough to prove, as patients under a physician's care are generally already sick or injured.
  4. 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 be required to give an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your claim, according to Missouri Revised Statute §538.225. This is a written opinion from a a medical professional in the same practice area that says that a) the doctor did not give you the treatment that a careful healthcare provider would have under similar circumstances, and b) the negligence caused the alleged damages. Our medical malpractice lawyers have a massive network of experienced and professional medical connections in O'Fallon and throughout Missouri who will help confirm your claim.

What Compensation Can I Recover? | O'Fallon, MO Medical Malpractice Lawyers

The compensation your medical malpractice lawyers will help you receive usually falls into two categories: economic damages, which look to compensate you for the financial damages you have undergone because of a physician'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 potential if the medical negligence caused a disability that does not allow you to carry out the duties of your job anymore
    • Medical expenses, for instance:
      • Subsequent doctors appointments
      • Surgeries
      • Physical rehabilitation
      • Medication costs
      • 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 relentlessly until you get every dime that you are owed. We know that you can never fully heal from some injuries, but we fight to ensure that you get justice.

Malpractice cases differ from other personal injuries in Missouri in a couple of important aspects. Your medical malpractice lawyers at Burger Law will help you understand 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 effort to diminish insurance premiums for medical negligence. The bill enforces "damage caps" on how much 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? | O'Fallon, MO Medical Malpractice Lawyers

The limits for catastrophic injuries are greater because they affect your ability to function in your daily life and to enjoy life. Your Burger Law malpractice lawyers will help you establish if your injury can be considered 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 O'Fallon, MO?

If you or someone you care about were hurt by a physician's negligence in O'Fallon, MO, it is imperative to get in touch with medical malpractice lawyers straight away. While most personal injury cases have a statute of limitation of five years in Missouri, medical malpractice lawsuits only have a statute of limitations of two years, according 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 important 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 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.
  3. If you or your family member was under 18 at the time of the substandard care, you have until their 20th birthday.

Do not wait. Reach out to the Burger Law O'Fallon, 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 complications to your case and could make it difficult for even the best medical malpractice lawyers to demonstrate the full effects of your damages. Call Burger Law's O'Fallon, MO medical malpractice lawyers today at (314) 500-HURT.


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Medical Malpractice Lawyers O'Fallon, MO

No one deserves to have their life upended because a healthcare professional was negligent in their care. Burger Law's O'Fallon, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in O'Fallon, MO. We fight hard for our clients and work around the clock 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 doctors, large corporations take advantage of your vulnerability. Call Burger Law's O'Fallon, MO medical malpractice lawyers today at (314) 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!”

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