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Medical Malpractice Lawyers Westport, Missouri

Medical Malpractice Lawyers in Westport, Missouri. If you or someone you love were hurt because a doctor did not give you the proper treatment that you deserved, call Burger Law immediately at (573) 500-HURT or fill out our online form. Our medical malpractice lawyers always get the best possible results for the vulnerable in Westport and throughout Missouri.

You do not have to pay because a doctor, medical institution or other medical professional in Westport, MO did not respect your health. When we get medical treatment, we do so under the assumption that we are placing our well-being — and occasionally even our lives — in capable hands. When doctors are negligent , leaving you with even worse sickness or harm as a consequence, believe in the accomplished and skilled Westport, MO medical malpractice lawyers of Burger Law to win you justice and a full compensation. Not only are we sympathetic and devoted to the injured in Westport, MO, but we are more aggressive than most 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 realize that we are persistent and will not take anything but the best possible financial recovery. Negligent health care can have devastating, life-long repercussions, and in the dire cases can even lead to wrongful death.

In our 30 years of experience standing up to bullies and getting great results for the injured, we have won our clients over $175 million in verdicts and settlements. If you or someone you care about has been injured by a negligent doctor in Westport, MO, reach out to Burger Law's medical malpractice lawyers immediately at (573) 500-HURT or contact us online.

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

Medical Malpractice Statistics | Westport, MO Medical Malpractice Lawyers

A study by John Hopkins Medicine found that one-tenth of all fatalities nationwide are because of medical error. Just one percent of physicians are responsible for about a third of medical malpractice lawsuits. Too often, negligent doctors are allowed to keep practicing without any ramifications. But when the state of Missouri does not want to hold at-fault doctors responsible, you can be certain the medical malpractice lawyers of Burger Law will.

In Missouri, less than a third of medical malpractice cases end with the plaintiff collecting damages. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice cases. You need devoted and seasoned Missouri medical malpractice lawyers to make sure you recover the full compensation you are owed.

Who Your Medical Malpractice Lawyers in Westport, MO Can Hold Accountable in Your Case

We usually automatically think of doctors when we think of medical malpractice, there are many parties 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 complicated; it may not be clear right away who was responsible, or many people might be liable. The dependable and knowledgeable Westport, MO medical malpractice lawyers at Burger Law will conduct a full investigation into your injuries and make sure that each party that caused you harm is held responsible for their thoughtless behavior.

Examples of Medical Malpractice in Westport, MO

Medical negligence happens when a healthcare professional violates 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 issue. Our Westport, MO medical malpractice lawyers have seen that take place in all sorts of ways:

Failure to Diagnose or Misdiagnosis

This is the most frequent reason for medical malpractice claims that take place in out-of-hospital care. More or Less 12 million people in U.S. are misdiagnosed each year. Diagnosing health issues early on is crucial in achieving the best possible outcome for a patient. A misdiagnosis, or missing a diagnosis, can cause a delay to the treatment you acutely require to get better, or can lead to improper treatment that worsens your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most grave health conditions, such as:

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

Surgical Errors

Surgical mistakes are the most frequent medical malpractice claim when it comes to inpatient care. There are at least 4,000 surgical errors nationwide annually, and frighteningly, the most common source is performing surgery on an erroneous body part. Other instances can include accidental incisions, anesthesia errors, foreign objects like scissors being left inside the patient, infections or failure to address complications surface after the surgery.

Medication Errors

An estimated 7,000 to 9,000 people nationwide die each year owing to mistakes when administering medication. Examples can include not taking a record of the patient's allergies, giving the wrong medication, giving the wrong dosage or not recognizing interactions with other drugs.

Another example of medication errors is overprescribing medications. Studies have found that overprescribing is a significant 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 physicians and found that physicians themselves are of the opinion that 15 to 30 percent of medical care is unnecessary, including:

  • Over a fifth of prescription medications
  • Almost a quarter of medical tests
  • 11.1 percent of procedures
  • More than a fifth of all medical care

Unneeded care can lead to surgical mistakes, medication errors and overprescribed medication.

Birth Injuries

On average, 6 to 8 out of a thousand children born in the United States suffer a significant birth injury Every year. Not appropriately observing the baby during birth, not properly utilizing birthing procedures or not identifying a health issue of the mother during pregnancy are all instances of medical negligence that can lead to long-term or lifelong health issues.

Nursing Home Neglect and Abuse

The 1987 Nursing Home Reform Act determined a Bill of Rights for nursing home residents meant to shield and guarantee their physical, emotional and social well-being. When a nursing home institution or staff neglects those rights and your loved one is consequently injured, 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 doctor fails to inform you of risks, or neglects to acquire your consent before treatment, it is a horrible breach of your rights.

At Burger Law, our Westport, MO medical malpractice lawyers have seen it all. We know the cataclysmic consequences a healthcare professional's or institution's carelessness can cause, and the exasperation and grief that accompanies learning that your trust was broken. We hold careless doctors responsible and deliver our Westport, MO clients the maximum financial recovery they deserve and require to move on and fully recover. Our medical malpractice lawyers also have vast medical comprehension and will be able to pinpoint how your doctor breached the standard of care. Call our medical malpractice lawyers in Westport, MO today at (573) 500-HURT.

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Medical Malpractice Cases Won

Check out the links below to see several of the recent successes Burger Law's medical malpractice lawyers have secured for our clients in Westport, MO:


What Medical Malpractice Lawyers in Missouri Can Do For You

Medical malpractice claims are notably difficult to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, determination and savvy to get you the full compensation you know you deserve. When you hire us, our Missouri medical malpractice lawyers:

  • Get to work on your claim immediately
  • Connect you with trustworthy and competent physicians to finally get you the medical care you are owed
  • Carry out a full investigation, including collecting medical records, professional testimony and taking official statements from the defendant
  • Confer with our network of Westport, MO medical experts to substantiate standard of care in your case, demonstrate how the treatment you received was below standard and prove negligence
  • Offer thoughtful, wise and dependable legal direction
  • Keep you informed throughout your case so you are aware of what is going on and know everything you need to make the best decision for your family
  • Manage every legal aspect of your case so you can focus your energy on healing
  • Consult with with economic experts to determine exactly how much your claim is worth
  • Negotiate with the insurance adjusters to secure you the best possible settlement offer
  • Take your case to trial when the insurance company does not want to be fair in mediation

At Burger Law, we know that most people in Westport, MO does not have access to the resources and legal expertise to stand up to the expensive defense teams of doctors and large hospitals. That is why our Westport, MO medical malpractice lawyers operate on a contingency fee basis. We charge no attorneys fees until we get you the best possible financial recovery you are owed. We have pledged our careers to making certain that the injured and vulnerable in Westport, MO have access to the highest form of legal advocacy, one that rivals and eclipses that of large corporations. Our medical malpractice lawyers always work to eliminate every impediment standing between you and justice.

What You Need in a Medical Malpractice Claim

Not every error carried out by medical professional amounts to malpractice. In order to receive a financial recovery for negligent treatment in Westport, MO, you must prove four things. Your medical malpractice lawyers from Burger Law will help you prove that:

  1. A doctor-patient relationship was established. This means proof that you hired the doctor and the doctor agreed to be hired. This is usually not hard to prove.
  2. The doctor or healthcare provider was negligent. You need to be able to prove that a competent medical professional in the same practice area, in the same geographical location treating the same medical problem, would not have made the same mistake.
  3. The doctor’s breach of the standard of care directly caused you injured. This is often hard to prove, as patients under a physician's care are customarily already sick or injured.
  4. That the injury caused the patient damages. This can 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 claim, pursuant to Missouri Revised Statute §538.225. This is a written opinion from a a healthcare professional in the same practice area that states that a) the doctor did not give you the care that a prudent healthcare provider would have under the same circumstances, and b) the failure caused the alleged harm. Our medical malpractice lawyers have a wealth of accomplished and qualified medical connections in Westport and throughout Missouri who will help back up your claim.

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

The compensation your medical malpractice lawyers will help you receive generally falls into two categories: economic damages, which seek to compensate you for the financial damages you have undergone because of a physician's negligence; and noneconomic damages, which look to compensate for the less tangible ways in which your injuries have affected your life:

  • Economic damages include:
    • Lost wages
    • Lost earning potential if the medical negligence resulted in a disability that does not allow you to carry out the tasks of your job anymore
    • Medical bills, such as:
      • Follow up appointments
      • Further procedures
      • Physical rehabilitation
      • Medication expenses
      • In-home medical care
      • Assistive devices such as wheelchairs or needed 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 penny that you are owed. We know that some injuries are impossible to fully recover from, but we fight to make certain that you get justice.

Malpractice cases vary from other personal injuries in Missouri in two essential manners. 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 attempt to lower insurance premiums for physicians and hospitals. The bill enforces "damage caps" on how much you can collect 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? | Westport, MO Medical Malpractice Lawyers

The limits 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"

What is the Statute of Limitations in a Medical Malpractice Claim in Westport, MO?

If you or a loved one were hurt by a healthcare professional's substandard care in Westport, MO, it is vital to reach out to medical malpractice lawyers straight 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, according to 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 your claim. There are three noteworthy 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 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.
  3. If you or your family member was under 18 at the time of the substandard care, you have until their 20th birthday.

There is no time to delay. Get in touch with the Burger Law Westport, MO medical malpractice lawyers straight away. We get working 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 demonstrate the full consequences of your damages. Call Burger Law's Westport, MO medical malpractice lawyers immediately at (573) 500-HURT.


Call Burger Law Now

Medical Malpractice Lawyers Westport, MO

No one deserves to have their life halted because a doctor gave them substandard care. Burger Law's Westport, MO medical malpractice lawyers make up the highest- and most-reviewed law firm in Westport, 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 Westport, 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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