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Medical Malpractice Lawyers St. Joseph, Missouri
Medical Malpractice Lawyers in St. Joseph, Missouri. If you or someone you love were harmed because a healthcare professional did not provide you with the competent treatment that you deserved, call Burger Law right away at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get the best possible financial recoveries for our clients in St. Joseph and throughout Missouri.
You should not have to pay because a doctor, medical institution or other healthcare professional in St. Joseph, MO did not respect your health. When we search out medical treatment, we do so believing that we are placing our health — and occasionally even our lives — in capable hands. When doctors are negligent , leaving you with even worse sickness or harm as a result, trust in the seasoned and knowledgeable St. Joseph, MO medical malpractice lawyers of Burger Law to win you justice and full financial compensation. Not only are we compassionate and devoted to the injured in St. Joseph, MO, but we are more aggressive than most law firms in filing lawsuits and not waiting around for the liable doctor to take accountability. Our medical malpractice lawyers want healthcare professionals and their insurance company to understand that we are persistent and will not take anything but the best possible financial recovery. Negligent health care can have devastating, life-long consequences, and in the most tragic circumstances can even lead to wrongful death.
In our three decades of experience fighting back against bullies and getting great results for the injured, we have won our clients over $175 million in verdicts and settlements. If you or a loved one has been injured by a negligent physician in St. Joseph, MO, call Burger Law's medical malpractice lawyers immediately at (314) 500-HURT or contact us online.
See the potential value of your claim by filling out our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Medical Malpractice Statistics | St. Joseph, MO Medical Malpractice Lawyers
Data from John Hopkins Medicine found that 10 percent of all deaths nationwide are owing to medical error. Just one percent of physicians account for just about 33 percent of medical malpractice claims. Too often, negligent doctors are allowed to continue practicing without any discipline. But when the state of Missouri does not want to hold at-fault doctors responsible, you can be confident the medical malpractice lawyers of Burger Law will.
In Missouri, less than 33 percent of medical malpractice lawsuits end with the plaintiff recovering compensation. Still, between 2009 and 2018 a full $631.11 million was recovered in medical malpractice lawsuits. You need devoted and seasoned Missouri medical malpractice lawyers to make sure you receive the best possible compensation you are owed.
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Who Your Medical Malpractice Lawyers in St. Joseph, MO Can Hold Liable in Your Claim
We usually automatically 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
- 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 suits are typically intricate; it may not be immediately clear who was accountable, or many parties may be accountable. The dependable and skilled St. Joseph, MO medical malpractice lawyers at Burger Law will perform a full investigation into your injuries and make sure that each party that caused you harm is held responsible for their negligent actions.
Examples of Medical Malpractice in St. Joseph, MO
Medical negligence happens when a healthcare professional violates the standard of care, which is how most doctors in the same field and same geographic location would have care for your health issue. Our St. Joseph, 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 that take place in out-of-hospital care. Roughly 12 million people in United States are misdiagnosed every year. Diagnosing medical problems early on is key in achieving the best possible results for a patient. A misdiagnosis, or failing to diagnose, can cause a delay to the treatment you acutely need to become healthier, or can result in unsuitable treatment that compounds your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most grave health conditions, for instance:
- 37.8 percent for cancer
- 22.8 percent for vascular events
- 13.5 percent for infections
Surgical errors are the most common medical malpractice claim when it comes to inpatient care. There are at least 4,000 surgical mistakes in the United States annually, and frighteningly, the most common instance is operating on an incorrect organ. Other examples can include accidental cuts, anesthesia mistakes, foreign objects like sponges being left inside the patient, infections or failure to address difficulties surface after the procedure.
An estimated 7,000 to 9,000 people in the U.S. die annually because of mistakes when administering medication. Examples can include not knowing a patient's allergies, giving the wrong medication, giving the wrong dosage or neglecting to recognize interactions with other drugs.
Medication errors can also include overprescribing medications. Studies have found that overprescribing is a main contributor to the opioid crisis in the U.S.
Unnecessary medical care costs roughly $210 billion annually. John Hopkins Medicine asked 2,106 physicians and learned that doctors themselves are of the opinion that 15 to 30 percent of medical care is not needed, including:
- More than one-fifth of prescription medications
- Almost a quarter of medical tests
- 11.1 percent of procedures
- More than one-fifth of all medical care
Unnecessary treatment can lead to surgical mistakes, medication errors and overprescribed medication.
An estimated 6 to 8 out of 1,000 children born in the United States suffer a serious birth injury Annually. Not appropriately observing the child throughout delivery, not appropriately implementing birthing techniques or not diagnosing a health problem of the mother during pregnancy are all instances of medical negligence that can result in long-term or permanent consequences.
Nursing Home Negligence
The 1987 Nursing Home Reform Act created a Bill of Rights for nursing home residents meant to shield and confirm their physical, emotional and social health. When a nursing home or its staff does not ensure 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 an inherent right to make choices for ourselves. When a medical institution neglects to inform you of risks, or neglects to secure your consent before treatment, it is an appalling breach of your rights.
At Burger Law, our St. Joseph, MO medical malpractice lawyers have experience with every type of negligence lawsuit. We know the ruinous repercussions a healthcare professional's or institution's neglect can cause, and the anger and grief that accompanies learning that your trust was betrayed. We hold negligent doctors liable and secure our St. Joseph, MO clients the great financial recovery they deserve and need to move on and fully recover. Our medical malpractice lawyers also have exhaustive medical comprehension and will be able to discover exactly how your doctor breached the standard of care. Reach out to our medical malpractice lawyers in St. Joseph, MO immediately at (314) 500-HURT.
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Medical Malpractice Cases Won
Browse the links below to see several of the recent successes Burger Law's medical malpractice lawyers have secured for our clients in St. Joseph, 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 claims are notoriously tough to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, persistence and prowess to win you the full compensation you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Get to work on your case immediately
- Connect you with honest and accomplished doctors to finally get you the medical treatment you need
- Perform a full investigation, including obtaining medical records, professional testimony and taking official statements from the defendant
- Consult with our team of St. Joseph, MO medical experts to substantiate standard of care in your case, demonstrate how the treatment you were provided with was not up to the standard and prove negligence
- Offer thoughtful, wise and honest legal counsel
- Keep 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 healing
- Work alongside with economic experts to precisely value your damages
- Negotiate with the insurance company to secure you the best possible settlement offer
- Take your case to trial when the insurance company does not want to offer what you deserve in mediation
At Burger Law, we know that most people in St. Joseph, MO does not have access to the resources and legal know-how to stand up to the expensive defense teams of doctors and large corporations. For that reason, our St. Joseph, MO medical malpractice lawyers work on a contingency fee basis. We accept no attorneys fees until we get you the maximum financial recovery you are owed. We have dedicated our careers to making sure that the injured and vulnerable in St. Joseph, MO have access to the highest quality legal advocacy, one that equals and exceeds that of large insurance companies. Our medical malpractice lawyers always work to get rid of every barrier 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 collect compensation for improper care in St. Joseph, MO, you must demonstrate four things. Your medical malpractice lawyers from Burger Law will help you demonstrate that:
- A doctor-patient relationship existed. This means proof that you hired the doctor and the doctor agreed to be hired. This is generally 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 treating the same health issue, would not have committed the same error.
- The doctor’s breach of the standard of care directly caused the injury. This can frequently be tough to prove, as patients under a physician's care are typically already sick or injured.
- That the injury caused the patient harm that they should be compensated for. This can include physical pain, a disability, 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 case, according to Missouri Revised Statute §538.225. This is a written opinion from a a healthcare professional in the same field that states that a) the doctor did not offer the treatment that a careful healthcare provider would have under similar circumstances, and b) the failure contributed to the alleged injuries. Our medical malpractice lawyers have a large network of experienced and qualified medical connections in St. Joseph and throughout Missouri who will help verify your claim.
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What Compensation Can I Receive? | St. Joseph, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you get usually falls into two categories: economic damages, which try to compensate you for the monetary damages you have experienced because of a physician's negligence; 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 an impairment that does not allow you to carry out the duties of your job anymore
- Medical costs, including:
- Follow up appointments
- Physical rehabilitation
- Medication costs
- 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
- 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 are owed. We know that some injuries are impossible to really heal from, but we fight to make certain that your pain and suffering is alleviated.
Malpractice cases differ from other personal injuries in Missouri in two important aspects. Your medical malpractice lawyers at Burger Law will help you maneuver 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 reduce insurance premiums for doctor's and hospitals. The bill puts in place "damage caps" on how much compensation 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? | St. Joseph, MO Medical Malpractice Lawyers
The limits for catastrophic injuries are greater because they impact your ability to perform daily tasks and to find enjoyment in 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"
What is the Statute of Limitations in a Medical Malpractice Claim in St. Joseph, MO?
If you or someone you care about were injured by a physician's substandard care in St. Joseph, MO, it is critical to contact medical malpractice lawyers right away. While most personal injury claims have a statute of limitation of five years in Missouri, medical malpractice suits only have a statute of limitations of two years, according to Missouri Revised Statute §516.105. That means that once you have been hurt your medical malpractice lawyers only have two years to investigate your case and file suit. 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 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.
- If you or your family member was under 18 at the time of the malpractice, you have until their 20th birthday.
Do not wait. Get in touch with the Burger Law St. Joseph, MO medical malpractice lawyers immediately. We begin working on your case right away and do not stop until you have been fully compensated . Waiting could bring complications to your case and could make it hard for even the best medical malpractice lawyers to show the full consequences of your damages. Call Burger Law's St. Joseph, MO medical malpractice lawyers today at (314) 500-HURT.
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Medical Malpractice Lawyers St. Joseph, MO
No one deserves to have their life turned upside down because a doctor gave them substandard care. Burger Law's St. Joseph, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in St. Joseph, MO. 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 three decades fighting back against bullies and standing up for the "little guy." We will not let doctors, large hospitals take advantage of your vulnerability. Call Burger Law's St. Joseph, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.