Medical Malpractice Lawyers Smithville,
You do not have to pay because a doctor, medical institution or other medical professional in Smithville, MO disregarded your health. When we seek medical care, we do so believing that we are placing our well-being — and at times even our lives — in dependable hands. When doctors are negligent and you end up with even worse sickness or harm as a consequence, believe in the seasoned and savvy Smithville, MO medical malpractice lawyers of Burger Law to deliver you justice and a full financial recovery. Not only are we understanding and devoted to the injured in Smithville, MO, but we are more aggressive than the majority of law firms in filing litigation and not waiting around for the at-fault doctor to take responsibility. Our medical malpractice lawyers want medical professionals and their insurance company to understand that we are persistent and will accept nothing but the best possible compensation. Negligent health care can have horrible, life-long repercussions, and in the dire 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 loved one has been hurt by a careless physician in Smithville, MO, call Burger Law's medical malpractice lawyers immediately at or contact us online.
See how much compensation you may be able to recover by filling out our free personal injury calculator.
Medical Malpractice Statistics | Smithville, MO Medical Malpractice Lawyers
Research by John Hopkins Medicine found that one-tenth of all fatalities in the U.S. are because of medical error. Just one percent of doctors account for about 33 percent of medical malpractice claims. Too often, negligent doctors are allowed to continue practicing without any penalty. But when the state of Missouri does not want to hold negligent doctors responsible, 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 receiving compensation. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice claims. You need committed and accomplished Missouri medical malpractice lawyers to make sure you collect the maximum compensation you deserve.
Who Your Medical Malpractice Lawyers in Smithville, MO Can Hold Responsible in Your Case
We usually immediately think of doctors when we think of medical malpractice, there are many parties that may be to blame for 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 immediately clear who was liable, or many people could be accountable. The trusted and knowledgeable Smithville, MO medical malpractice lawyers at Burger Law will conduct a complete investigation into your claim and ensure that each party that caused you harm is held accountable for their careless actions.
Examples of Medical Malpractice in Smithville, MO
Medical negligence transpires 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 treated your health issue. Our Smithville, MO medical malpractice lawyers have seen that transpire in myriad ways:
Failure to Diagnose or Misdiagnosis
This is the most common reason for medical malpractice claims that occur in outpatient treatment. About 12 million people in U.S. are misdiagnosed each year. Catching medical problems early on is often a deciding factor in achieving the most favorable outcome for a patient. A misdiagnosis, or missing a diagnosis, can cause a delay to the treatment you desperately need to become healthier, or can lead to inappropriate treatment that worsens your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most serious health conditions, including:
- 37.8 percent for cancer
- 22.8 percent for cardiac events
- 13.5 percent for infections
Surgical errors are the most common medical malpractice claim related to in-hospital treatment. There are at least 4,000 surgical mistakes in the United States annually, and frighteningly, the most common instance is operating on an erroneous body part. Other instances can include accidental cuts, anesthesia errors, foreign objects like sponges being left inside the patient, infections or failure to treat problems emerge after the surgery.
An estimated 7,000 to 9,000 people in the U.S. die every year due to medication errors. Examples can include not being aware of a patient's allergies, giving the wrong medication, giving an incorrect dosage or failing to recognize interactions with other drugs.
Medication errors can also include overprescribing medications. Studies show that overprescribing is a substantial factor in the opioid crisis in the U.S.
Unnecessary medical care costs an estimated $210 billion each year. John Hopkins Medicine surveyed 2,106 physicians and found that doctors themselves are of the opinion that 15 to 30 percent of medical care is not needed, including:
- Over one-fifth of prescription medications
- 24.9 percent of medical tests
- 11.1 percent of procedures
- 20.6 percent of medical treatment in general
Unneeded care can result in surgical errors, medication errors and overprescribed medication.
Approximately 6 to 8 out of 1,000 children born in the United States sustain a serious birth injury each year. Not properly observing the child during delivery, not appropriately using birthing procedures or not identifying a health issue with the mother during pregnancy are all cases 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 confirm their physical, emotional and social health. When a nursing home or its staff does not respect those rights and the person you love is consequently injured, the medical malpractice lawyers of Burger Law will hold them liable.
Failure to Inform or Lack of Consent
We all have a fundamental right to make decisions for ourselves. When a physician neglects to inform you of risks, or neglects to obtain your consent before treatment, it is a serious infringement on your rights.
At Burger Law, our Smithville, MO medical malpractice lawyers have seen it all. We know the horrible consequences a healthcare professional's or institution's thoughtlessness can cause, and the exasperation and grief that comes with learning that your trust was broken. We hold careless doctors to blame and deliver our Smithville, MO clients the full financial recovery they are owed and that they require to move on and fully recover. Our medical malpractice lawyers also have substantial medical knowledge and will be able to pinpoint how your doctor breached the standard of care. Reach out to our medical malpractice lawyers in Smithville, MO today at .
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Medical Malpractice Cases Won
Take a look at the links below to see some of the latest successes Burger Law's medical malpractice lawyers have gotten for our clients in Smithville, 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 cases are notably tough to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, perseverance and savvy to get you the great financial recovery you know you are owed. When you hire us, our Missouri medical malpractice lawyers:
- Get to work on your claim at once
- Connect you with trustworthy and accomplished physicians to finally get you the medical attention you deserve
- Carry out a comprehensive investigation, including obtaining medical records, qualified testimony and taking depositions of the defendant
- Converse with our network of Smithville, MO medical experts to substantiate standard of care in your case, demonstrate how the treatment you were provided with was substandard and prove negligence
- Offer compassionate, knowledgeable and honest legal direction
- Keep you informed throughout your case so you are aware of what is going on and know everything you need to make the best decision for your family
- Manage every legal aspect of your case so you can focus on recovering
- Confer with with economic experts to exactly value your damages
- 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 the average person in Smithville, MO does not have access to the resources and legal proficiency to counter the expensive defense teams of doctors and large corporations. That is why our Smithville, MO medical malpractice lawyers work on a contingency fee basis. We charge no attorneys fees until we get you the full compensation you deserve. We have committed our careers to making certain that the injured and vulnerable in Smithville, MO have access to the highest quality legal advocacy, one that equals and surpasses that of large corporations. Our medical malpractice lawyers always work to get rid of every impediment standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every error carried out by healthcare providers amounts to malpractice. In order to get a financial recovery for improper treatment in Smithville, 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 commonly not difficult to prove.
- The doctor or healthcare provider was negligent. You need to be able to show that a competent doctor in the same practice area, in the same geographical location caring for the same medical problem, would not have committed the same mistake.
- The doctor’s negligence directly caused the injury. This can frequently be hard to prove, as patients being treated by a physician are normally already sick or injured.
- That the injury caused the patient harm that they should be compensated for. This can include physical pain, impairment, additional medical costs, or loss of earning capacity.
In Missouri, you will also need to include an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your suit, according 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 offer the treatment that a prudent healthcare provider would have under similar circumstances, and b) the negligence caused the alleged harm. Our medical malpractice lawyers have a massive network of experienced and qualified medical connections in Smithville and throughout Missouri who will help substantiate your claim.
What Compensation Can I Receive? | Smithville, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you recover generally falls into two categories: economic damages, which try to compensate you for the financial loss you have sustained owing to a physician's substandard care; and noneconomic damages, which seek to compensate for the less tangible ways in which your injuries have affected your life:
- Economic damages include:
- Lost wages
- Lost earning capacity if the medical negligence resulted in a disability that does not permit you to perform the duties of your job anymore
- Medical bills, such as:
- Follow up appointments
- Physical therapy
- Medication costs
- 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 around the clock until you get every cent that you deserve. We know that you can never truly recover from some injuries, but we fight to make sure that you are made whole again.
Malpractice cases differ from other personal injuries in Missouri in a couple of crucial manners. 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 passed Senate Bill 239 in an effort to lower insurance premiums for medical liability. The bill establishes "damage caps" on how much you can receive 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? | Smithville, MO Medical Malpractice Lawyers
The limits for catastrophic injuries are higher because they impact your ability to perform basic tasks and to find enjoyment in 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 Smithville, MO?
If you or someone you love were harmed by a physician's negligence in Smithville, MO, it is imperative to call medical malpractice lawyers immediately. While most personal injury cases have a time limit of five years in Missouri, medical malpractice suits only have a time limit of two years, pursuant 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 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 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.
- If you or your family member was under 18 at the time of the substandard care, you have until they turn 20.
Do not delay. Contact the Burger Law Smithville, MO medical malpractice lawyers straight away. We start working on your case at once and do not rest until you recover maximum compensation . Delaying could create difficulties for your suit and could make it hard for even the best medical malpractice lawyers to demonstrate the full scope of your damages. Call Burger Law's Smithville, MO medical malpractice lawyers today at .
Medical Malpractice Lawyers Smithville, MO
No one deserves to have their life disrupted because a physician gave them substandard care. Burger Law's Smithville, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in Smithville, 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 healthcare professionals, large corporations manipulate your vulnerability. Call Burger Law's Smithville, MO medical malpractice lawyers today at or fill out our online form to start on your road to recovery.