Medical Malpractice Lawyers O'Fallon, Missouri

Medical Malpractice Lawyers in O'Fallon, Missouri. If you or someone you care about were hurt because a doctor did not provide you with the competent treatment that you were owed, call Burger Law straight away at (314) 500-HURT or fill out our online form. Our medical malpractice lawyers always get great financial recoveries 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 gave you substandard care. When we seek medical treatment, we do so under the assumption that we are placing our health — and occasionally even our lives — in competent hands. When doctors are negligent , leaving you with even worse illnesses or harm as a consequence, believe in the seasoned and savvy O'Fallon, MO medical malpractice lawyers of Burger Law to secure you justice and maximum financial compensation. Not only are we empathetic and devoted to the injured in O'Fallon, MO, but we are more aggressive than the majority of 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 know 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 lead to wrongful death.

In our three decades of experience standing up to bullies and getting great 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 careless physician 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 filling out our free personal injury calculator.



Medical Malpractice Statistics | O'Fallon, MO Medical Malpractice Lawyers

Data from John Hopkins Medicine found that one in ten of all fatalities nationwide are because of medical error. Just one percent of physicians are responsible for almost 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 negligent doctors accountable, you can be confident the medical malpractice lawyers of Burger Law will.

In Missouri, less than a third of medical malpractice lawsuits end with the plaintiff receiving compensation. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice claims. You need committed and veteran Missouri medical malpractice lawyers to make sure you are awarded the great financial recovery you are owed.

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

We often immediately think of doctors when we think of medical malpractice, there are many people or institutions that may be guilty of medical negligence in your claim. The state of Missouri defines a “healthcare provider” as a

Malpractice claims are typically complex; it may not be clear right away who was liable, or many parties might be at fault. The dependable and skilled O'Fallon, MO medical malpractice lawyers at Burger Law will carry out a full investigation into your injuries and ensure that every party that caused you harm is held responsible for their thoughtless actions.

Examples of Medical Malpractice in O'Fallon, MO

Medical negligence takes place when a healthcare professional breaches the standard of care, which is how a capable doctor in the same practice area and same geographic location would have addressed your health problems. Our O'Fallon, MO medical malpractice lawyers have seen that take place in many different 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 people in U.S. are misdiagnosed each year. Catching medical problems early on is crucial in achieving the best possible results for a patient. A misdiagnosis, or failing to diagnose, can lead to a delay to the care you seriously need to get better, or can lead to inappropriate care that exacerbates 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 vascular events
• 13.5 percent for infections

Surgical Errors

Surgical errors are the most frequent medical malpractice claim when it comes to inpatient care. There are at least 4,000 surgical errors nationwide every year, and frighteningly, the most common instance is operating on an erroneous organ. Other examples can include accidental cuts, anesthesia mistakes, foreign objects like sponges remaining inside the patient, infections or failure to address difficulties arising from the procedure.

Medication Errors

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 knowing a patient's allergies, giving the wrong medication, giving the wrong dosage or failing to recognize interactions with other drugs.

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

Unnecessary Care

Unnecessary medical care costs roughly $210 billion annually. John Hopkins Medicine asked 2,106 physicians and found that doctors themselves are of the opinion that 15 to 30 percent of medical care is unnecessary, including:

• More than one-fifth of prescription medications
• Almost a quarter of medical tests
• 11.1 percent of procedures
• Over one-fifth of medical care in general

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

Birth Injuries

About 6 to 8 out of 1,000 children born in the United States suffer a serious birth injury each year. Not properly monitoring the child throughout delivery, not correctly utilizing birthing procedures or not identifying a health condition of the mother during pregnancy are all cases 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 protect and confirm their physical, emotional and social health. When a nursing home institution or staff does not ensure those rights and the person you care about is harmed as a result, the medical malpractice lawyers of Burger Law will hold them responsible.

Failure to Inform or Lack of Consent

Everyone has an innate right to make decisions for ourselves. When a physician neglects to inform you of risks, or neglects to acquire your consent before a procedure, it is an appalling infringement on your rights.

At Burger Law, our O'Fallon, MO medical malpractice lawyers have seen it all. We know the devastating consequences a healthcare professional's or institution's carelessness can cause, and the exasperation and grief that accompanies finding out that your trust was broken. We hold at-fault doctors liable and get our O'Fallon, MO clients the great compensation they deserve and need to move on and fully recover. Our medical malpractice lawyers also have considerable medical comprehension and will be able to pinpoint how your doctor breached the standard of care. Contact our medical malpractice lawyers in O'Fallon, MO straight away at (314) 500-HURT.

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Medical Malpractice Cases Won

Check out the links below to see some of the latest successes Burger Law's medical malpractice lawyers have gotten for our clients in O'Fallon, 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 claims are notably hard to win. That is why you need excellent medical malpractice lawyers that have the experience, knowledge, determination and savvy to secure you the full compensation you know you are owed. When you hire us, our Missouri medical malpractice lawyers:

• Get started on your case straight away
• Connect you with trustworthy and competent doctors to finally get you the medical treatment you need
• Perform a comprehensive investigation, including collecting medical records, expert testimony and taking official statements from the defendant
• Confer with our network of O'Fallon, MO medical experts to corroborate standard of care in your case, demonstrate how the care you received was not up to the standard and prove negligence
• Offer compassionate, knowledgeable and dependable legal advice
• Keep you informed throughout your suit so you are not left in the dark and you 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
• Work alongside with economic experts to exactly value your damages
• Negotiate with the insurance adjusters to secure 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 the average person in O'Fallon, MO does not have the resources and legal proficiency to stand up to the high-priced defense teams of doctors and large hospitals. 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 maximum financial recovery you deserve. We have dedicated our lives to making certain that the injured and vulnerable in O'Fallon, MO have access to the highest standard of legal advocacy, one that compares with and surpasses that of large insurance companies. Our medical malpractice lawyers always work to abolish every obstacle standing between you and justice.

What You Need in a Medical Malpractice Claim

Not every mistake carried out by healthcare providers amounts to malpractice. In order to collect compensation for substandard care in O'Fallon, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you show 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 commonly not hard to prove.
2. The doctor or healthcare provider was violated the standard of care. You need to be able to show that a capable doctor in the same practice area, in the same geographical location caring for the same medical condition, would not have committed the same mistake.
3. The doctor’s negligence directly caused you harm. This is often tough 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, a disability, additional medical costs, or loss of future earning potential.

In Missouri, you will also need to provide an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your claim, pursuant to 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 provide the treatment that a prudent healthcare provider would have under the same circumstances, and b) the failure caused the alleged damages. Our medical malpractice lawyers have a wealth of accomplished and professional medical connections in O'Fallon and throughout Missouri who will help certify your claim.

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

The compensation your medical malpractice lawyers will help you receive typically falls into two categories: economic damages, which are intended 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 capacity if the medical negligence resulted in a disability that does not permit you to carry out the duties of your job anymore
  • Medical expenses, including:
    • Follow up appointments
    • Further procedures
    • Physical therapy
    • Medication costs
    • In-home medical care
    • Assistive devices such as wheelchairs or needed 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 around the clock until you get every penny that you are owed. We know that you can never really recover from some injuries, but we fight to make certain that you are made whole again.

Malpractice cases vary from other personal injuries in Missouri in two important details. 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 attempt to lessen insurance premiums for doctor's and hospitals. The bill enforces "damage caps" on the amount you can be awarded in a medical malpractice suit 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? | O'Fallon, MO Medical Malpractice Lawyers

The limits for catastrophic injuries are higher because they affect your ability to carry out daily tasks and to enjoy life. Your Burger Law malpractice lawyers will help you determine 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 O'Fallon, MO?

If you or someone you care about were injured by a doctor's substandard care in O'Fallon, MO, it is essential to reach out to medical malpractice lawyers immediately. 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, under Missouri Revised Statute §516.105. That means that once you have been harmed your medical malpractice lawyers only have two years to investigate your case and file your claim. There are three noteworthy 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 someone you care about was a minor at the time of the malpractice, you have until they turn 20.

Do not delay. Reach out to the Burger Law O'Fallon, MO medical malpractice lawyers immediately. We get started on your case at once and do not let up until you collect full compensation . Waiting could bring difficulties to your case and could make it difficult for even the best medical malpractice lawyers to demonstrate the full consequences of your damages. Call Burger Law's O'Fallon, MO medical malpractice lawyers mow at (314) 500-HURT.

No one deserves to have their life halted because a medical professional gave them substandard care. Burger Law's O'Fallon, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in O'Fallon, MO. We fight hard for our clients and work tirelessly to get them the great results they need to move forward with their lives. 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 physicians, large hospitals 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.