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Medical Malpractice Lawyers St. James, Missouri
Medical Malpractice Lawyers in St. James, Missouri. If you or a loved one were harmed because a healthcare professional did not give you the competent care that you deserved, call Burger Law now at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get the best possible financial recoveries for the injured and vulnerable in St. James and throughout Missouri.
You should not have to pay because a physician, medical institution or other medical professional in St. James, MO disregarded your health. When we seek 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 sickness or injuries as a consequence, believe in the seasoned and savvy St. James, MO medical malpractice lawyers of Burger Law to secure you justice and full financial compensation. Not only are we sympathetic and devoted to our St. James, MO clients, but we are more aggressive than the majority of law firms in filing litigation and not waiting around for the liable doctor to take accountability. Our medical malpractice lawyers want medical professionals and their insurance company to understand that we are serious and will not take anything but the best possible compensation. Negligent health care can have destructive, life-long consequences, and in the worst 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 someone you care about has been hurt by a careless medical professional in St. James, MO, call Burger Law's medical malpractice lawyers now at (314) 500-HURT or contact us online.
See how much your claim may be worth by filling out our free personal injury calculator.
Chesterfield, MO
100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Medical Malpractice Statistics | St. James, MO Medical Malpractice Lawyers
Research by John Hopkins Medicine found that one in ten of all fatalities in the U.S. are due to medical error. Just one percent of physicians are responsible for almost 33 percent of medical malpractice claims. Too often, negligent doctors are permitted to keep practicing without any discipline. 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 33 percent of medical malpractice claims end with the plaintiff collecting damages. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice lawsuits. You need dedicated and veteran Missouri medical malpractice lawyers to make sure you collect the full compensation you deserve.
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 St. James, MO Can Hold Liable 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 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 cases are often intricate; it may not be immediately clear who was responsible, or many people may be accountable. The trustworthy and savvy St. James, MO medical malpractice lawyers at Burger Law will conduct a complete investigation into your case and make sure that every party that caused you harm is held accountable for their reckless behavior.
Examples of Medical Malpractice in St. James, MO
Medical negligence occurs when a healthcare professional disobeys the standard of care, which is how a competent doctor in the same practice area and same geographic location would have care for your health problems. Our St. James, MO medical malpractice lawyers have seen that transpire in all sorts of ways:
Failure to Diagnose or Misdiagnosis
This is the most frequent reason for medical malpractice lawsuits that take place in out-of-hospital treatment. About 12 million people in United States are misdiagnosed annually. Catching medical problems early on is significant in getting the best possible results for a patient. A misdiagnosis, or missing a diagnosis, can result in a delay to the care you acutely need to become healthier, or can result in 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 mistakes are the most common medical malpractice case related to in-hospital care. There are at least 4,000 surgical errors nationwide every year, and frighteningly, the most common example is operating on the wrong organ. Other examples can include accidental cuts, anesthesia mistakes, foreign objects like sponges being left inside the patient, infections or failure to address difficulties emerge after the procedure.
Medication Errors
An estimated 7,000 to 9,000 people nationwide die every year owing to medication errors. Examples can include not being aware of a patient's allergies, giving the wrong medication, giving the wrong dosage or neglecting to identify interactions with other drugs.
Another instance of medication errors is overprescribing medications. Studies show that overprescribing is a substantial contributor to the opioid crisis in the United States.
Unnecessary Care
Unnecessary medical care costs about $210 billion every year. John Hopkins Medicine asked 2,106 doctors and learned 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
- Almost a quarter of medical tests
- 11.1 percent of procedures
- Over one-fifth of all medical care
Unneeded treatment can lead to surgical mistakes, medication errors and overprescribed medication.
Birth Injuries
Approximately 6 to 8 out of 1,000 children born in the United States experience a significant birth injury Every year. Not properly observing the child during birth, not appropriately utilizing birthing procedures or not identifying a health issue of the mother during pregnancy are all cases of medical negligence that can result in long-term or permanent consequences.
Nursing Home Negligence
The 1987 Nursing Home Reform Act established a Bill of Rights for nursing home residents meant to shield and ensure their physical, emotional and social health. When a nursing home or its staff does not respect those rights and your family member is consequently injured, the medical malpractice lawyers of Burger Law will hold them to blame.
Failure to Inform or Lack of Consent
Everyone has an inherent right to make decisions for ourselves. When a healthcare professional neglects to inform you of risks, or does not secure your consent before treatment, it is an appalling violation of your rights.
At Burger Law, our St. James, MO medical malpractice lawyers have seen it all. We know the catastrophic consequences a healthcare professional's or institution's thoughtlessness can cause, and the anger and grief that comes with finding out that your trust was betrayed. We hold negligent doctors responsible and deliver our St. James, MO clients the maximum compensation they are owed and that they require to move on and fully recover. Our medical malpractice lawyers also have vast medical comprehension and will be able to discover precisely how your doctor violated the standard of care. Reach out to our medical malpractice lawyers in St. James, MO now at (314) 500-HURT.
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Medical Malpractice Cases Won
Browse the following links to see several of the latest victories Burger Law's medical malpractice lawyers have won for our clients in St. James, 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 cases are notoriously difficult to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, determination and skills to deliver you the best possible financial recovery you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Get started on your claim at once
- Connect you with honest and accomplished doctors to finally get you the medical attention you need
- Carry out a full investigation, including procuring medical records, expert testimony and taking depositions of the defendant
- Converse with our team of St. James, MO medical experts to corroborate standard of care in your case, demonstrate how the care you received was below standard and prove negligence
- Offer empathetic, informed and straightforward legal counsel
- Make sure you informed throughout your case so you are aware of what is going on and have all the information you need to make the best decision for your family
- Manage every legal aspect of your case so you can spend your energy on recovering
- Confer with with economic experts to ascertain exactly how much your claim is worth
- Negotiate with the insurance company to win 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 St. James, MO does not have access to the resources and legal comprehension to counter the expensive defense teams of doctors and large corporations. That is why our St. James, MO medical malpractice lawyers operate on a contingency fee basis. You do not pay us any fees until we get you the great financial recovery you deserve. We have pledged our lives to making sure that the injured and vulnerable in St. James, MO have access to the highest standard of legal advocacy, one that equals and eclipses that of large corporations. Our medical malpractice lawyers always work to get rid of every obstacle standing between you and justice.
What You Need in a Medical Malpractice Claim
Not every mistake committed by medical professional amounts to malpractice. In order to get a financial recovery for negligent treatment in St. James, MO, you must demonstrate four things. Your medical malpractice lawyers from Burger Law will help you prove that:
- A doctor-patient relationship was determined. This amounts to proof that you hired the doctor and the doctor agreed to be hired. This is commonly not hard to prove.
- The doctor or healthcare provider was violated the standard of care. You need to be able to show that a competent physician in the same practice area, in the same geographical location treating the same health problem, would not have committed the same mistake.
- The doctor’s negligence directly caused the injury. This can often be hard to prove, as patients under a doctor’s care are typically already sick or injured.
- That the injury caused the patient damages. Examples include physical pain, impairment, additional medical expenses, or loss of earning capacity.
In Missouri, you will also be required 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 legally qualified healthcare provider that opines that a) the doctor did not give you the care that a careful healthcare provider would have in the same situation, and b) the negligence contributed to the alleged harm. Our medical malpractice lawyers have a massive network of experienced and qualified medical connections in St. James and throughout Missouri who will help back up your claim.
What Compensation Can I Get? | St. James, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you get generally falls into two categories: economic damages, which look to compensate you for the monetary loss you have experienced because of 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 potential if the medical negligence led to a disability that does not permit you to perform the tasks of your job anymore
- Medical bills, for example:
- Follow up appointments
- Further procedures
- Physical therapy
- Medication expenses
- 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 dollar that you are owed. We know that some injuries are impossible to truly heal from, but we fight to ensure that you are made whole again.
Malpractice cases differ from other personal injuries in Missouri in two key 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 reduce insurance premiums for medical negligence. The bill puts in place "damage caps" on how much compensation you can receive in a medical malpractice lawsuit 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? | St. James, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are greater because they impact your ability to perform basic tasks and to enjoy life. Your Burger Law malpractice lawyers will help you ascertain 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 St. James, MO?
If you or a family member were injured by a medical professional's negligence in St. James, MO, it is critical to reach out to medical malpractice lawyers right away. While most personal injury cases have a time limit of five years in Missouri, medical malpractice cases only have a time limit of two years, under Missouri Revised Statute §516.105. That means that once you have been injured your medical malpractice lawyers only have two years to investigate your case and file your claim. There are three key 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 someone you care about was a minor at the time of the substandard care, you have until they turn 20.
There is no time to wait. Call the Burger Law St. James, MO medical malpractice lawyers straight away. We get to work 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 hard for even the best medical malpractice lawyers to demonstrate the full consequences of your damages. Call Burger Law's St. James, MO medical malpractice lawyers today at (314) 500-HURT.
Call Burger Law Now
Medical Malpractice Lawyers St. James, MO
No one deserves to have their life disrupted because a physician gave them substandard care. Burger Law's St. James, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in the Midwest. We fight hard for our clients and work around the clock 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 St. James, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.