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Medical Malpractice Lawyers Waynesville, Missouri

Medical Malpractice Lawyers in Waynesville, Missouri. If you or a family member were harmed because a physician did not offer you the proper care that you deserved, call Burger Law today at (573) 500-HURT or fill out our online form. Our medical malpractice lawyers always get the best possible results for the injured and vulnerable in Waynesville and throughout Missouri.

You do not have to pay because a physician, hospital or other medical professional in Waynesville, MO did not respect your health. When we search out medical care, we do so under the assumption that we are placing our health — and occasionally even our lives — in trustworthy hands. When doctors are negligent , leaving you with even worse illnesses or injuries as a result, believe in the seasoned and savvy Waynesville, MO medical malpractice lawyers of Burger Law to get you justice and a full compensation. Not only are we compassionate and dedicated to the injured in Waynesville, MO, but we are more aggressive than the majority of law firms in filing lawsuits and not waiting around for the negligent doctor to take responsibility. 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 compensation. Negligent health care can have devastating, life-long repercussions, and in the most tragic circumstances can even cause wrongful death.

In our 30 years of experience pushing back against bullies and getting great results for our clients, we have won our clients over $175 million in verdicts and settlements. If you or a family member has been harmed by a careless physician in Waynesville, MO, get in touch with Burger Law's medical malpractice lawyers now at (573) 500-HURT or contact us online.

See how much compensation you may be able to receive by using our free personal injury calculator.

Medical Malpractice Statistics | Waynesville, MO Medical Malpractice Lawyers

Research by John Hopkins Medicine found that one-tenth of all fatalities in the United States are due to medical error. Just one percent of doctors are responsible for just about 33 percent of medical malpractice claims. Too often, negligent doctors are permitted to continue practicing without any ramifications. But when the state of Missouri does not want to hold liable doctors responsible, you can be certain the medical malpractice lawyers of Burger Law will.

In Missouri, less than a third of medical malpractice claims end with the plaintiff receiving compensation. 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 receive the best possible financial recovery you are owed.

Who Your Medical Malpractice Lawyers in Waynesville, MO Can Hold Responsible in Your Claim

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

Examples of Medical Malpractice in Waynesville, MO

Medical negligence happens when a healthcare professional disobeys the standard of care, which is how a competent doctor in the same field and same geographic location would have treated your health issue. Our Waynesville, 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 lawsuits that occur in outpatient care. About 12 million Americans are misdiagnosed each year. Diagnosing medical problems early on is critical in getting the most favorable outcome for a patient. A misdiagnosis, or missing a diagnosis, can lead to a delay to the treatment you acutely need to get better, or can result in incorrect care that worsens your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most severe health conditions, for instance:

  • 37.8 percent for cancer
  • 22.8 percent for vascular events
  • 13.5 percent for infections

Surgical Errors

Surgical errors are the most common medical malpractice claim when it comes to inpatient care. There are a minimum of 4,000 surgical mistakes nationwide every year, and frighteningly, the most common source is operating on an incorrect body part. Other examples can include accidental incisions, anesthesia mistakes, foreign objects like sponges being left inside the patient, infections or failure to treat complications surface after the surgery.

Medication Errors

An estimated 7,000 to 9,000 people in the U.S. die annually due to medication errors. Examples can include not knowing a patient's allergies, giving the wrong medication, giving the wrong dosage or failing to identify interactions with other drugs.

Medication errors can also include overprescribing medications. Studies show that overprescribing is a main contributor to the opioid crisis in the U.S.

Unnecessary Care

Unnecessary medical care costs approximately $210 billion every year. John Hopkins Medicine asked 2,106 physicians and discovered that doctors themselves are of the opinion 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
  • 20.6 percent of all medical treatment

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

Birth Injuries

On average, 6 to 8 out of 1,000 children born in the United States sustain a significant birth injury each year. Not correctly monitoring the baby during delivery, not appropriately utilizing birthing procedures or not identifying a health problem with the mother during pregnancy are all examples of medical malpractice that can lead to long-term or lifelong consequences.

Nursing Home Neglect and Abuse

The 1987 Nursing Home Reform Act established a Bill of Rights for nursing home residents meant to protect and guarantee their physical, emotional and social health. When a nursing home institution or staff does not ensure those rights and your loved one is hurt as a result, the medical malpractice lawyers of Burger Law will hold them liable.

Failure to Inform or Lack of Consent

We all have a basic right to make decisions for ourselves. When a medical institution does not inform you of risks, or does not secure your consent before a procedure, it is a serious breach of your rights.

At Burger Law, our Waynesville, MO medical malpractice lawyers have seen it all. We know the traumatic repercussions a healthcare professional's or institution's neglect can cause, and the exasperation and grief that accompanies discovering that your trust was broken. We hold at-fault doctors liable and secure our Waynesville, MO clients the maximum compensation they deserve and need to move on and fully recover. Our medical malpractice lawyers also have substantial medical comprehension and will be able to identify precisely how your doctor violated the standard of care. Get in touch with our medical malpractice lawyers in Waynesville, MO now at (573) 500-HURT.

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Medical Malpractice Cases Won

Take a look at the following links to see several of the recent victories Burger Law's medical malpractice lawyers have won for our clients in Waynesville, MO:


How Medical Malpractice Lawyers in Missouri Can Help

Medical malpractice suits are infamously tough to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, determination and skills to secure you the full financial recovery you know you are owed. When you hire us, our Missouri medical malpractice lawyers:

  • Get working on your case at once
  • Connect you with trusted and capable physicians to finally get you the medical attention you deserve
  • Conduct a comprehensive investigation, including procuring medical records, qualified testimony and taking depositions of the defendant
  • Work alongside our team of Waynesville, MO medical experts to substantiate standard of care in your case, demonstrate how the care you were provided with was not up to the standard and prove negligence
  • Offer sympathetic, informed and honest legal advice
  • Keep you informed through the duration of your lawsuit so you are aware of what is going on and have all the information you need to make the best decision for your family
  • Handle every legal aspect of your case so you can focus your energy on recovering
  • Confer with with economic experts to determine 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 be fair in mediation

At Burger Law, we know that most residents of Waynesville, MO does not have access to the resources and legal proficiency to stand up to the expensive defense teams of doctors and large corporations. For that reason, our Waynesville, MO medical malpractice lawyers work on a contingency fee basis. You do not pay us any fees until we get you the great financial recovery you are owed. We have pledged our careers to making certain that the injured and vulnerable in Waynesville, MO have access to the highest quality legal advocacy, one that compares with and eclipses that of large corporations. 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 mistake committed by medical professional constitutes malpractice. In order to be awarded a financial recovery for substandard treatment in Waynesville, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you show that:

  1. A doctor-patient relationship was established. This amounts to proof that you hired the doctor and the doctor agreed to be hired. This is commonly not hard to prove.
  2. The doctor or healthcare provider was breached the standard of care. You need to be able to demonstrate that a competent healthcare professional in the same field, in the same geographical location caring for the same medical condition, would not have made the same mistake.
  3. The doctor’s breach of the standard of care directly caused you injured. This can frequently be tough to prove, as patients being treated by a doctor are generally already sick or injured.
  4. That the injury caused the patient harm that they should be compensated for. Examples include physical pain, impairment, additional medical costs, or loss of future earning potential.

In Missouri, you will also be required to provide an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your suit, under 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 offer the treatment that a prudent healthcare provider would have under the same circumstances, and b) the failure contributed to the alleged damages. Our medical malpractice lawyers have a large network of accomplished and qualified medical connections in Waynesville and throughout Missouri who will help authenticate your claim.

What Compensation Can I Receive? | Waynesville, MO Medical Malpractice Lawyers

The compensation your medical malpractice lawyers will help you collect typically falls into two categories: economic damages, which look to compensate you for the monetary damages you have undergone because of a doctor'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 potential if the medical negligence led to an impairment that does not permit you to carry out the tasks of your job anymore
    • Medical expenses, including:
      • Subsequent doctors appointments
      • Surgeries
      • Physical therapy
      • 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 around the clock until you get every dime that you are owed. We know that some injuries are impossible to fully recover 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 crucial manners. 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 put into law Senate Bill 239 in an attempt to decrease insurance premiums for medical liability. The bill enforces "damage caps" on how much compensation you can receive in a medical malpractice claim 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? | Waynesville, MO Medical Malpractice Lawyers

The limits for catastrophic injuries are greater because they impact your ability to carry out daily tasks and to enjoy life. Your Burger Law malpractice lawyers will help you ascertain if your injury can be seen 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 Waynesville, MO?

If you or someone you care about were injured by a medical professional's substandard care in Waynesville, MO, it is critical to get in touch with medical malpractice lawyers at once. While most personal injury claims have a time limit of five years in Missouri, medical malpractice cases only have a statute of limitations of two years, under 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 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 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.
  3. If you or someone you care about was under 18 at the time of the substandard care, you have until their 20th birthday.

Do not delay. Get in touch with the Burger Law Waynesville, MO medical malpractice lawyers now. We get started on your case right away and do not rest until you have been fully compensated . Waiting could create complications your claim and could make it hard for even the best medical malpractice lawyers to show the full scope of your damages. Call Burger Law's Waynesville, MO medical malpractice lawyers today at (573) 500-HURT.


Call Burger Law Now

Medical Malpractice Lawyers Waynesville, MO

No one deserves to have their life halted because a healthcare professional was negligent in their care. Burger Law's Waynesville, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in Waynesville, MO. We fight hard for our clients and work tirelessly 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 physicians, large corporations abuse your vulnerability. Call Burger Law's Waynesville, 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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