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Medical Malpractice Lawyers Smithville, Missouri

Medical Malpractice Lawyers in Smithville, Missouri. If you or someone you love were harmed because a physician did not offer you the adequate care that you were owed, call Burger Law now at (573) 500-HURT or fill out our online form. Our medical malpractice lawyers always get the best possible financial recoveries for the injured in Smithville and throughout Missouri.

You should not have to pay because a doctor, medical institution or other medical professional in Smithville, MO disregarded your health. When we get medical attention, we do so under the assumption that we are placing our health — and sometimes even our lives — in capable hands. When doctors are negligent , leaving you with even worse illnesses or harm as a consequence, believe in the experienced and knowledgeable Smithville, MO medical malpractice lawyers of Burger Law to win you justice and full financial compensation. Not only are we compassionate and committed to our Smithville, MO clients, but we are more aggressive than most law firms in filing lawsuits and not waiting around for the negligent doctor to take accountability. Our medical malpractice lawyers want medical professionals and their insurance company to know that we are driven and will not take anything but maximum compensation. Negligent health care can have traumatic, permanent repercussions, and in the worst circumstances can even lead to wrongful death.

In our three decades of experience standing up to 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 someone you care about has been hurt by a thoughtless doctor in Smithville, MO, get in touch with Burger Law's medical malpractice lawyers immediately at (573) 500-HURT or contact us online.

See the potential value of your claim by using our free personal injury calculator.

Medical Malpractice Statistics | Smithville, MO Medical Malpractice Lawyers

Research by John Hopkins Medicine found that one in ten of all fatalities in the United States are owing to medical error. Just one percent of doctors account for about a third of medical malpractice claims. Too often, negligent doctors are allowed to keep practicing without any discipline. 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 a third of medical malpractice lawsuits end with the plaintiff recovering damages. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice cases. You need committed and accomplished Missouri medical malpractice lawyers to ensure you are awarded the great compensation you deserve.

Who Your Medical Malpractice Lawyers in Smithville, MO Can Hold To Blame in Your Claim

We often immediately think of doctors when we think of medical malpractice, there are many people or institutions that may be liable for medical negligence in your case. 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 claims are often intricate; it may not be immediately clear who was accountable, or many parties may be responsible. The trustworthy and knowledgeable Smithville, MO medical malpractice lawyers at Burger Law will carry out a full investigation into your claim and ensure that every party that caused you injuries is held responsible for their negligent actions.

Examples of Medical Malpractice in Smithville, MO

Medical negligence takes place 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 Smithville, MO medical malpractice lawyers have seen that occur in many different ways:

Failure to Diagnose or Misdiagnosis

This is the most frequent reason for medical malpractice cases related to out-of-hospital care. About 12 million Americans are misdiagnosed annually. Catching health issues early on is key in realizing the most favorable results for a patient. A misdiagnosis, or failing to diagnose, can cause a delay to the treatment you desperately require to become healthier, or can cause improper treatment that compounds your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most deadly 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 frequent medical malpractice case related to in-hospital care. There are a minimum of 4,000 surgical mistakes in the United States annually, and frighteningly, the most common example is operating on an erroneous body part. Other instances can include accidental cuts, anesthesia errors, foreign objects like scissors being left inside the patient, infections or failure to address issues emerge after the procedure.

Medication Errors

An estimated 7,000 to 9,000 people in the United States die every year owing to mistakes when administering medication. Examples can include not knowing a patient's allergies, giving an incorrect 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 significant contributor to the opioid crisis in the United States.

Unnecessary Care

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

  • Over one-fifth of prescription medications
  • 24.9 percent of medical tests
  • Over one-tenth of procedures
  • More than a fifth of all medical care

Unneeded care can cause surgical mistakes, medication errors and overprescribed medication.

Birth Injuries

About 6 to 8 out of a thousand children born in the United States suffer a significant birth injury Every year. Not correctly observing the baby throughout birth, not appropriately utilizing birthing techniques or not diagnosing a health issue with the mother during pregnancy are all instances of medical negligence that can lead to long-term or permanent 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 secure their physical, emotional and social health. 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 liable.

Failure to Inform or Lack of Consent

We all have an innate right to make decisions for ourselves. When a physician does not inform you of risks, or does not secure your consent before treatment, it is a horrible violation of your rights.

At Burger Law, our Smithville, MO medical malpractice lawyers have experience with every kind of malpractice suit. We know the horrible repercussions a healthcare professional's or institution's negligence can cause, and the rage and grief that comes with finding out that your trust was betrayed. We hold negligent doctors responsible and get our Smithville, MO clients the full compensation they are owed and that they 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. Reach out to our medical malpractice lawyers in Smithville, MO immediately at (573) 500-HURT.

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Medical Malpractice Cases Won

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


How Medical Malpractice Lawyers in Missouri Can Help

Medical malpractice cases are notoriously difficult to win. That is why you need excellent medical malpractice lawyers that have the experience, knowledge, persistence and talent to get you the best possible compensation you know you deserve. When you hire us, our Missouri medical malpractice lawyers:

  • Get to work on your claim immediately
  • Connect you with honest and accomplished doctors to finally get you the medical attention you are owed
  • Conduct a complete investigation, including gathering medical records, expert 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 care you received was not up to the standard and prove negligence
  • Offer sympathetic, sound and direct legal direction
  • 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
  • Oversee every legal aspect of your case so you can focus on recovering
  • Consult 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 in front of a judge and jury when the insurance company does not want to offer what you deserve in mediation

At Burger Law, we know that the average person in Smithville, MO does not have the resources and legal know-how to stand up to the high-priced defense teams of doctors and large insurance companies. That is why our Smithville, MO medical malpractice lawyers work on a contingency fee basis. You do not owe us anything until we get you the maximum financial recovery you deserve. We have committed our careers to making sure that the injured and vulnerable in Smithville, MO have access to the highest standard of legal advocacy, one that compares with and eclipses that of large corporations. Our medical malpractice lawyers always work to eliminate every obstacle standing between you and justice.

Basic Requirements for a Medical Malpractice Claim

Not every error committed by medical professional constitutes malpractice. In order to receive compensation for negligent care in Smithville, MO, you must prove 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 commonly very easy 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 made the same mistake.
  3. The doctor’s breach of the standard of care directly caused you harm. This is often hard to prove, as patients being treated by a physician are customarily 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 offer an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your case, 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 provide the treatment that a careful healthcare provider would have in the same situation, and b) the negligence caused the alleged damages. Our medical malpractice lawyers have a large network of experienced and professional medical connections in Smithville and throughout Missouri who will help confirm your claim.

What Compensation Can I Collect? | Smithville, MO Medical Malpractice Lawyers

The compensation your medical malpractice lawyers will help you recover typically falls into two categories: economic damages, which try to compensate you for the financial loss you have undergone owing to a physician's negligence; and noneconomic damages, which are intended 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 caused a disability that does not permit you to carry out the tasks of your job anymore
    • Medical bills, for instance:
      • Subsequent doctors appointments
      • Further procedures
      • Physical rehabilitation
      • Medication costs
      • In-home medical care
      • Assistive devices such as crutches 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 tirelessly until you get every dime that you are owed. We know that some injuries are impossible to fully recover from, but we fight to ensure that you are made whole again.

Malpractice cases diverge from other personal injuries in Missouri in two crucial 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 passed Senate Bill 239 in an effort to diminish insurance premiums for doctor's and hospitals. The bill establishes "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? | Smithville, 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 seen as catastrophic. Senate Bill 239 says 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 Smithville, MO?

If you or someone you love were hurt by a healthcare professional's substandard care in Smithville, MO, it is key to contact medical malpractice lawyers right away. While most personal injury claims have a statute of limitation of five years in Missouri, medical malpractice lawsuits 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 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 failed 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 they turn 20.

There is no time to wait. Contact the Burger Law Smithville, MO medical malpractice lawyers today. We get working on your case at once and do not stop until you recover the best possible compensation . Delaying could bring difficulties to your suit and could make it difficult for even the best medical malpractice lawyers to prove the full extent of your damages. Call Burger Law's Smithville, MO medical malpractice lawyers mow at (573) 500-HURT.


Call Burger Law Now

Medical Malpractice Lawyers Smithville, MO

No one deserves to have their life upended because a physician gave them substandard care. Burger Law's Smithville, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in the Region. We fight hard for our clients and work around the clock to get them the great results they need to be made whole again. 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 (573) 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!”

David and Fran Schneider

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