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Medical Malpractice Lawyers Overland, Missouri
Medical Malpractice Lawyers in Overland, Missouri. If you or a loved one were harmed because a physician did not offer you the competent care 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 vulnerable in Overland and throughout Missouri.
You should not have to pay because a doctor, medical institution or other healthcare professional in Overland, MO broke the rules. When we search out medical treatment, we do so under the assumption that we are placing our well-being — and sometimes even our lives — in capable hands. When doctors are negligent and you end up with even worse illnesses or injuries as a result, believe in the accomplished and talented Overland, MO medical malpractice lawyers of Burger Law to win you justice and a full financial recovery. Not only are we sympathetic and devoted to the injured in Overland, 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 understand that we are serious and will not take anything but maximum compensation. Negligent health care can have traumatic, permanent consequences, and in the most tragic cases can even lead to wrongful death.
In our three decades of experience fighting back against bullies and getting the best possible results for our clients, we have gotten our clients over $175 million in verdicts and settlements. If you or someone you care about has been harmed by a negligent medical professional in Overland, MO, reach out to Burger Law's medical malpractice lawyers right 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 | Overland, MO Medical Malpractice Lawyers
Research by John Hopkins Medicine found that 10 percent of all deaths in the United States are because of medical error. Just one percent of doctors are responsible for nearly a third of medical malpractice cases. Too often, negligent doctors are permitted to continue practicing without any repercussions. But when the state of Missouri does not want to hold at-fault doctors responsible, you can be sure the medical malpractice lawyers of Burger Law will.
In Missouri, less than a third of medical malpractice claims end with the plaintiff recovering damages. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice lawsuits. You need dedicated and accomplished Missouri medical malpractice lawyers to make certain you collect the full financial recovery you are owed.
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 Overland, MO Can Hold Responsible in Your Case
We frequently automatically 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
- 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 immediately clear who was to blame, or many people may be accountable. The trusted and knowledgeable Overland, MO medical malpractice lawyers at Burger Law will conduct a full investigation into your case and make sure that each party that caused you harm is held accountable for their reckless behavior.
Examples of Medical Malpractice in Overland, MO
Medical negligence happens when a healthcare professional breaches the standard of care, which is how most doctors in the same field and same geographic location would have care for your health problems. Our Overland, MO medical malpractice lawyers have seen that take place in all sorts of ways:
Failure to Diagnose or Misdiagnosis
This is the most frequent reason for medical malpractice lawsuits related to out-of-hospital care. More or Less 12 million people in U.S. are misdiagnosed each year. Diagnosing health problems early on is significant in getting the most favorable results for a patient. A misdiagnosis, or missing a diagnosis, can result in a delay to the treatment you acutely need to get better, or can result in incorrect treatment that worsens your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most life-threatening health conditions, such as:
- 37.8 percent for cancer
- 22.8 percent for cardiac events
- 13.5 percent for infections
Surgical Errors
Surgical errors are the most common medical malpractice claim related to in-hospital care. There are a minimum of 4,000 surgical errors in the U.S. annually, and frighteningly, the most common example is operating on an erroneous organ. Other instances can include accidental incisions, anesthesia mistakes, foreign objects like sponges being left inside the patient, infections or failure to address problems show up after the surgery.
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 an incorrect medication, giving an incorrect dosage or neglecting to identify interactions with other drugs.
Medication errors can also include overprescribing medications. Studies show that overprescribing is a major factor in the opioid crisis in the U.S.
Unnecessary Care
Unnecessary medical care costs an estimated $210 billion every year. John Hopkins Medicine asked 2,106 physicians and discovered that doctors themselves believe that 15 to 30 percent of medical care is unnecessary, including:
- Over a fifth of prescription medications
- 24.9 percent of medical tests
- More than one-tenth of procedures
- Over one-fifth of medical treatment in general
Unnecessary 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 sustain a serious birth injury Every year. Not properly observing the baby during birth, not properly utilizing birthing procedures or not diagnosing a health problem of the mother during pregnancy are all instances of medical malpractice that can result in long-term or lifelong health issues.
Nursing Home Negligence
The 1987 Nursing Home Reform Act put in place a Bill of Rights for nursing home residents meant to protect and confirm their physical, emotional and social health. When a nursing home or its staff disregards those rights and the person you care about is consequently hurt, the medical malpractice lawyers of Burger Law will hold them accountable.
Failure to Inform or Lack of Consent
Everyone has a fundamental right to make choices for ourselves. When a physician fails to inform you of risks, or fails to obtain your consent before treatment, it is a horrible infringement on your rights.
At Burger Law, our Overland, MO medical malpractice lawyers have experience with every type of negligence lawsuit. We know the cataclysmic repercussions a healthcare professional's or institution's neglect can cause, and the rage and sorrow that comes with discovering that your trust was broken. We hold negligent doctors accountable and win our Overland, MO clients the maximum financial recovery they deserve and require 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. Get in touch with our medical malpractice lawyers in Overland, MO straight away at (314) 500-HURT.
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Medical Malpractice Cases Won
Browse the links below to see several of the latest successes Burger Law's medical malpractice lawyers have gotten for our clients in Overland, 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 difficult to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, perseverance and prowess to deliver you the full compensation you know you are owed. When you hire us, our Missouri medical malpractice lawyers:
- Begin working on your case right away
- Connect you with honest and capable doctors to finally get you the medical treatment you are owed
- Carry out a full investigation, including procuring medical records, professional testimony and taking official statements from the defendant
- Converse with our team of Overland, MO medical experts to ascertain standard of care in your case, demonstrate how the care you were given was substandard and prove negligence
- Offer empathetic, knowledgeable and honest legal guidance
- Make sure you informed through the duration of your claim so you are aware of what is going on and have all the information you need to make the best decision for your family
- Oversee every legal aspect of your case so you can focus your energy on healing
- Converse with with economic experts to precisely value your damages
- Negotiate with the insurance adjusters to get 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 Overland, MO does not have the resources and legal expertise to combat the high-priced defense teams of doctors and large corporations. That is why our Overland, MO medical malpractice lawyers work on a contingency fee basis. You do not owe us anything until we get you the great compensation you deserve. We have devoted our lives to making sure that the injured and vulnerable in Overland, MO have access to the highest quality legal advocacy, one that matches and eclipses that of large insurance companies. Our medical malpractice lawyers always work to get rid of every hindrance standing between you and justice.
What You Need in a Medical Malpractice Claim
Not every error carried out by healthcare providers amounts to malpractice. In order to be awarded compensation for substandard care in Overland, MO, you must prove 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 typically 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 physician in the same field, in the same geographical location caring for the same medical problem, would not have made the same error.
- The doctor’s violation of the standard of care directly caused the injury. This can often be hard to prove, as patients being treated by a doctor are generally 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 bills, or loss of earning capacity.
In Missouri, you will also be required to offer 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 field that opines that a) the doctor did not offer the treatment that a prudent healthcare provider would have under similar circumstances, and b) the failure contributed to the alleged damages. Our medical malpractice lawyers have a large network of accomplished and professional medical connections in Overland and throughout Missouri who will help confirm your claim.
What Compensation Can I Collect? | Overland, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you recover typically falls into two categories: economic damages, which are intended to compensate you for the monetary damages you have sustained owing to a doctor'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 potential if the medical negligence caused a disability that does not allow you to conduct the duties of your job anymore
- Medical expenses, such as:
- Follow up appointments
- Surgeries
- Physical rehabilitation
- Medication costs
- In-home medical care
- Assistive devices such as wheelchairs or required 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 dime that you are owed. We know that some injuries are impossible to really recover from, but we fight to make sure that you are made whole again.
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 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 reduce insurance premiums for medical liability. The bill puts in place "damage caps" on the amount you can be awarded 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? | Overland, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are higher because they impact your ability to function in your daily life and to find enjoyment in life. Your Burger Law malpractice lawyers will help you establish if your injury can be viewed 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"
How Long Do I Have to File a Medical Malpractice Claim in Overland, MO?
If you or someone you love were injured by a healthcare professional's substandard care in Overland, MO, it is critical to reach out to 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 harmed your medical malpractice lawyers only have two years to investigate your case and file your claim. There are three noteworthy 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 someone you care about was under 18 on the date of the negligent, you have until they turn 20.
Do not delay. Call the Burger Law Overland, MO medical malpractice lawyers today. We start working on your case at once and do not stop until you have been fully compensated . Delaying could bring difficulties to your suit and could make it tough for even the best medical malpractice lawyers to prove the full effects of your damages. Call Burger Law's Overland, MO medical malpractice lawyers today at (314) 500-HURT.
Call Burger Law Now
Medical Malpractice Lawyers Overland, MO
No one deserves to have their life disrupted because a physician was negligent in their care. Burger Law's Overland, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in the Region. 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 30 years fighting back against bullies and standing up for the "little guy." We will not let physicians, large hospitals abuse your vulnerability. Call Burger Law's Overland, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.