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Medical Malpractice Lawyers West St. Louis County, Missouri
Medical Malpractice Lawyers in West St. Louis County, Missouri. If you or someone you love were harmed because a physician did not offer you the proper treatment that you were owed, call Burger Law right away at (314) 500-HURT or fill out our online form. Our medical malpractice lawyers always get the best possible results for our clients in West St. Louis County and throughout Missouri.
You should not have to pay because a physician, medical institution or other medical professional in West St. Louis County, MO did not respect your health. When we search out medical attention, we do so under the assumption that we are placing our health — and occasionally even our lives — in capable hands. When doctors are negligent and you end up with even worse illnesses or injuries as a consequence, trust in the veteran and skilled West St. Louis County, MO medical malpractice lawyers of Burger Law to win you justice and maximum financial compensation. Not only are we empathetic and devoted to the injured in West St. Louis County, MO, 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 healthcare professionals and their insurance company to know that we are serious and will accept nothing but full compensation. Negligent health care can have cataclysmic, life-long consequences, and in the worst cases can even lead to wrongful death.
In our three decades of experience pushing back against bullies and getting the best possible results for our clients, we have gotten our clients over $175 million in verdicts and settlements. If you or someone you care about has been harmed by a negligent medical professional in West St. Louis County, MO, reach out to Burger Law's medical malpractice lawyers today at (314) 500-HURT or contact us online.
See how much your claim may be worth by using our free personal injury calculator.
Medical Malpractice Statistics | West St. Louis County, MO Medical Malpractice Lawyers
Research by John Hopkins Medicine found that one-tenth of all deaths in the U.S. are due to medical error. Just one percent of physicians account for just about a third of medical malpractice cases. Too often, negligent doctors are permitted to continue practicing without any consequences. But when the state of Missouri does not want to hold at-fault doctors accountable, 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 collecting damages. Still, between 2009 and 2018 a full $631.11 million was awarded in medical malpractice cases. You need devoted and veteran Missouri medical malpractice lawyers to ensure you are awarded the best possible financial recovery 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 West St. Louis County, MO Can Hold Responsible in Your Case
We usually automatically think of doctors when we think of medical malpractice, there are many parties that may be guilty of 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 clear right away who was to blame, or many parties could be to blame. The dependable and talented West St. Louis County, MO medical malpractice lawyers at Burger Law will conduct a complete investigation into your claim and ensure that each party that caused you injuries is held responsible for their careless actions.
Examples of Medical Malpractice in West St. Louis County, MO
Medical negligence transpires when a healthcare professional disobeys 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 West St. Louis County, 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 suits that take place in outpatient care. Roughly 12 million people in U.S. are misdiagnosed each year. Catching medical issues early on is key in realizing the best possible outcome for a patient. A misdiagnosis, or missing a diagnosis, can result in a delay to the treatment you seriously require to get better, or can result in incorrect treatment that compounds your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most life-threatening health conditions, for instance:
- 37.8 percent for cancer
- 22.8 percent for cardiac events
- 13.5 percent for infections
Surgical Errors
Surgical errors are the most common medical malpractice case related to inpatient treatment. There are at least 4,000 surgical mistakes nationwide annually, and frighteningly, the most common source is performing surgery on an incorrect organ. Other examples can include accidental cuts, anesthesia errors, foreign objects like sponges remaining inside the patient, infections or failure to treat issues surface after the procedure.
Medication Errors
An estimated 7,000 to 9,000 people in the U.S. die annually due to medication errors. Examples can include not taking a record of the 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 principal contributor to the opioid crisis in the U.S.
Unnecessary Care
Unnecessary medical care costs roughly $210 billion every year. John Hopkins Medicine asked 2,106 physicians and learned that physicians themselves think that 15 to 30 percent of medical care is not needed, including:
- Over a fifth of prescription medications
- Almost a quarter of medical tests
- Over one-tenth of procedures
- More than a fifth of medical care in general
Unnecessary care can result in surgical errors, medication errors and overprescribed medication.
Birth Injuries
An estimated 6 to 8 out of a thousand children born in the United States sustain a significant birth injury each year. Not properly monitoring the child throughout delivery, not correctly implementing birthing procedures or not diagnosing a health problem with the mother during pregnancy are all cases of medical malpractice that can result in long-term or permanent health conditions.
Nursing Home Negligence
The 1987 Nursing Home Reform Act put in place a Bill of Rights for nursing home residents meant to safeguard and secure their physical, emotional and social well-being. When a nursing home institution or staff does not respect those rights and the person you care about is consequently injured, the medical malpractice lawyers of Burger Law will hold them to blame.
Failure to Inform or Lack of Consent
Everyone has a fundamental right to make choices for ourselves. When a doctor does not inform you of risks, or neglects to acquire your consent before treatment, it is a serious violation of your rights.
At Burger Law, our West St. Louis County, MO medical malpractice lawyers have experience with every type of malpractice lawsuit. We know the destructive repercussions a healthcare professional's or institution's negligence can cause, and the anger and grief that accompanies finding out that your trust was broken. We hold negligent doctors responsible and win our West St. Louis County, MO clients the best possible financial recovery they are owed and that they need to move on and be made whole again. Our medical malpractice lawyers also have vast medical knowledge and will be able to pinpoint how your doctor breached the standard of care. Contact our medical malpractice lawyers in West St. Louis County, MO at once at (314) 500-HURT.
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Medical Malpractice Cases Won
Check out the following links to see some of the recent successes Burger Law's medical malpractice lawyers have secured for our clients in West St. Louis County, 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 notably tough to win. That is why you need stellar medical malpractice lawyers that have the experience, knowledge, determination and prowess to secure you the best possible compensation you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Get to work on your case right away
- Connect you with trusted and capable physicians to finally get you the medical care you need
- Carry out a comprehensive investigation, including obtaining medical records, expert testimony and taking official statements from the defendant
- Confer with our team of West St. Louis County, MO medical experts to substantiate standard of care in your case, demonstrate how the care you received was below standard and prove negligence
- Offer compassionate, sound 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
- Oversee every legal aspect of your case so you can focus on recovering
- Confer with with economic experts to determine precisely how much your claim is worth
- Negotiate with the insurance adjusters to secure you a full 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 the average person in West St. Louis County, MO does not have the resources and legal proficiency to combat the expensive defense teams of doctors and large corporations. For that reason, our West St. Louis County, MO medical malpractice lawyers work on a contingency fee basis. We accept no attorneys fees until we get you the maximum compensation you are owed. We have devoted our lives to making certain that the injured and vulnerable in West St. Louis County, MO have access to the highest standard of legal advocacy, one that matches and surpasses that of large insurance companies. Our medical malpractice lawyers always work to get rid of every hurdle standing between you and justice.
Basic Requirements for a Medical Malpractice Claim
Not every error committed by healthcare providers constitutes malpractice. In order to collect a financial recovery for improper care in West St. Louis County, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you show that:
- A doctor-patient relationship was intiated. This means 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 breached the standard of care. You need to be able to prove that a competent physician in the same practice area, in the same geographical location caring for the same medical condition, would not have committed the same mistake.
- The doctor’s negligence directly caused you harm. This is often tough to prove, as patients under a doctor’s care are normally already sick or injured.
- That the injury caused the patient harm that they need to 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, following 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 care that a prudent healthcare provider would have under the same circumstances, and b) the negligence contributed to the alleged damages. Our medical malpractice lawyers have a large network of accomplished and professional medical connections in West St. Louis County and throughout Missouri who will help certify your claim.
What Compensation Can I Recover? | West St. Louis County, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you collect generally falls into two categories: economic damages, which are intended to compensate you for the financial loss you have undergone owing to a doctor's substandard care; and noneconomic damages, which try 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:
- Subsequent doctors appointments
- Further procedures
- Physical therapy
- Medication expenses
- In-home medical care
- Assistive devices such as wheelchairs or necessary 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 tirelessly until you get every dollar that you deserve. We know that you can never really heal from some injuries, but we fight to ensure that you get justice.
Malpractice cases diverge from other personal injuries in Missouri in a couple of 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 lower insurance premiums for physicians and hospitals. The bill enforces "damage caps" on how much 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? | West St. Louis County, MO Medical Malpractice Lawyers
The damage caps for catastrophic injuries are higher because they impact your ability to function in your daily life 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 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 West St. Louis County, MO?
If you or a loved one were injured by a physician's negligence in West St. Louis County, MO, it is crucial to call medical malpractice lawyers right away. While most personal injury cases have a statute of limitation of five years in Missouri, medical malpractice claims only have a time limit of two years, pursuant to 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 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 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 West St. Louis County, MO medical malpractice lawyers today. We get started on your case right away and do not rest until you have been fully compensated . Waiting could bring complications to your suit and could make it tough for even the best medical malpractice lawyers to demonstrate the full consequences of your damages. Call Burger Law's West St. Louis County, MO medical malpractice lawyers today at (314) 500-HURT.
Call Burger Law Now
Medical Malpractice Lawyers West St. Louis County, MO
No one deserves to have their life upended because a healthcare professional gave them substandard care. Burger Law's West St. Louis County, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in West St. Louis County, MO. 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 medical professionals, large hospitals abuse your vulnerability. Call Burger Law's West St. Louis County, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.