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Medical Malpractice Lawyers Westport, Missouri
Medical Malpractice Lawyers in Westport, Missouri. If you or a loved one were harmed because a physician did not provide you with the adequate treatment that you were owed, call Burger Law now at (314) 500-HURT or complete our online form. Our medical malpractice lawyers always get great compensation for the injured in Westport and throughout Missouri.
You do not have to pay because a doctor, hospital or other medical professional in Westport, MO did not respect your health. When we search out medical attention, we do so believing that we are placing our health — and sometimes even our lives — in proficient hands. When doctors are negligent , leaving you with even worse sickness or harm as a result, believe in the seasoned and talented Westport, MO medical malpractice lawyers of Burger Law to secure you justice and a full financial recovery. Not only are we understanding and dedicated to our Westport, MO clients, but we are more aggressive than most law firms in filing lawsuits and not waiting around for the at-fault doctor to take responsibility. Our medical malpractice lawyers want medical professionals and their insurance company to understand that we are driven and will accept nothing but full compensation. Negligent health care can have catastrophic, life-long repercussions, and in the dire circumstances can even cause wrongful death.
In our three decades of experience fighting back against bullies and getting the best possible results for our clients, we have secured our clients over $175 million in verdicts and settlements. If you or someone you care about has been injured by a thoughtless medical professional in Westport, MO, get in touch with Burger Law's medical malpractice lawyers straight away at (314) 500-HURT or contact us online.
See how much your claim may be worth by using our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Medical Malpractice Statistics | Westport, MO Medical Malpractice Lawyers
Data from John Hopkins Medicine found that one in ten of all deaths nationwide are owing to medical error. Just one percent of doctors account for nearly a third of medical malpractice lawsuits. Too often, negligent doctors are allowed to keep practicing without any discipline. But when the state of Missouri does not want to hold liable doctors to blame, you can be certain the medical malpractice lawyers of Burger Law will.
In Missouri, less than 33 percent 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 cases. You need devoted and veteran Missouri medical malpractice lawyers to make certain you recover the maximum financial recovery you deserve.
Clear Medical Malpractice Violations
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Who Your Medical Malpractice Lawyers in Westport, MO Can Hold Accountable in Your Case
We frequently 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
- 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 cases are often complex; it may not be immediately clear who was to blame, or many people might be accountable. The trusted and skilled Westport, MO medical malpractice lawyers at Burger Law will carry out a complete investigation into your claim and ensure that each party that caused you harm is held accountable for their negligent actions.
Examples of Medical Malpractice in Westport, MO
Medical negligence takes place when a healthcare professional violates the standard of care, which is how most doctors in the same practice area and same geographic location would have addressed your health problems. Our Westport, MO medical malpractice lawyers have seen that happen in all sorts of ways:
Failure to Diagnose or Misdiagnosis
This is the most frequent reason for medical malpractice claims related to out-of-hospital care. More or Less 12 million Americans are misdiagnosed every year. Catching medical problems early on is imperative in realizing the most favorable results for a patient. A misdiagnosis, or failing to diagnose, can result in a delay to the treatment you seriously require to become healthier, or can cause unsuitable care that compounds your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most serious health conditions, for instance:
- 37.8 percent for cancer
- 22.8 percent for cardiac events
- 13.5 percent for infections
Surgical errors are the most frequent medical malpractice case when it comes to in-hospital care. There are a minimum of 4,000 surgical mistakes nationwide annually, and frighteningly, the most common source is performing surgery on an erroneous organ. Other instances can include accidental incisions, anesthesia mistakes, foreign objects like sponges remaining inside the patient, infections or failure to address problems emerge after the surgery.
An estimated 7,000 to 9,000 people in the U.S. die each year due to medication errors. Examples can include not taking a record of the patient's allergies, giving an incorrect medication, giving the wrong dosage or failing to identify interactions with other drugs.
Medication errors can also include overprescribing medications. Studies have found that overprescribing is a main factor in the opioid crisis in the United States.
Unnecessary medical care costs about $210 billion annually. John Hopkins Medicine surveyed 2,106 physicians and found that physicians themselves are of the opinion that 15 to 30 percent of medical care is unnecessary, including:
- Over one-fifth of prescription medications
- 24.9 percent of medical tests
- Over one-tenth of procedures
- 20.6 percent of all medical care
Unnecessary care can result in surgical mistakes, medication errors and overprescribed medication.
Roughly 6 to 8 out of 1,000 children born in the United States sustain a significant birth injury Every year. Not properly monitoring the baby throughout birth, not properly implementing birthing procedures or not diagnosing a health condition of the mother during pregnancy are all cases of medical negligence that can cause long-term or lifelong consequences.
Nursing Home Neglect and Abuse
The 1987 Nursing Home Reform Act created a Bill of Rights for nursing home residents meant to safeguard and secure their physical, emotional and social health. When a nursing home or its staff neglects those rights and your loved one is hurt as a result, the medical malpractice lawyers of Burger Law will hold them responsible.
Failure to Inform or Lack of Consent
Everyone has a basic right to make choices for ourselves. When a doctor does not inform you of risks, or neglects to secure your consent before a procedure, it is an outrageous violation of your rights.
At Burger Law, our Westport, MO medical malpractice lawyers have experience with every variety of negligence case. We know the horrible repercussions a healthcare professional's or institution's thoughtlessness can cause, and the exasperation and sorrow that accompanies discovering that your trust was broken. We hold at-fault doctors liable and win our Westport, MO clients the best possible financial recovery they are owed and that they require to move on and fully recover. Our medical malpractice lawyers also have extensive medical comprehension and will be able to discover exactly how your doctor violated the standard of care. Call our medical malpractice lawyers in Westport, MO now at (314) 500-HURT.
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Medical Malpractice Cases Won
Browse the following links to see some of the recent successes Burger Law's medical malpractice lawyers have won for our clients in Westport, 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 infamously hard to win. That is why you need exceptional medical malpractice lawyers that have the experience, knowledge, tenacity and talent to deliver you the great financial recovery you know you deserve. When you hire us, our Missouri medical malpractice lawyers:
- Get working on your case straight away
- Connect you with trusted and accomplished doctors to finally get you the medical treatment you need
- Conduct a full investigation, including procuring medical records, professional testimony and taking depositions of the defendant
- Confer with our network of Westport, MO medical experts to establish standard of care in your case, show how the treatment you were given was substandard and prove negligence
- Offer thoughtful, knowledgeable and dependable legal direction
- Keep you informed throughout your case so you are not left in the dark and you 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
- Consult with with economic experts to precisely value your damages
- Negotiate with the insurance adjusters to deliver 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 the average person in Westport, MO does not have the resources and legal expertise to oppose the expensive defense teams of doctors and large corporations. That is why our Westport, MO medical malpractice lawyers work on a contingency fee basis. You do not pay us any fees until we get you the maximum compensation you are owed. We have pledged our lives to making certain that the injured and vulnerable in Westport, MO have access to the highest form of legal advocacy, one that rivals and surpasses that of large insurance companies. Our medical malpractice lawyers always work to remove 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 be awarded compensation for negligent care in Westport, MO, you must conclusively show 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 commonly not hard to prove.
- The doctor or healthcare provider was negligent. You need to be able to demonstrate that a competent doctor in the same field, in the same geographical location caring for the same health issue, would not have made the same mistake.
- The doctor’s negligence directly caused the injury. This is often hard to prove, as patients being treated by a physician are typically already sick or injured.
- That the injury caused the patient harm that they need to be compensated for. Instances can include physical pain, a disability, additional medical expenses, or loss of future earning potential.
In Missouri, you will also need to offer an “Affidavit of Qualified Healthcare Worker,” within 90 days of filing your case, following Missouri Revised Statute §538.225. This is a written opinion from a legally qualified healthcare provider that opines that a) the doctor did not provide the care that a careful healthcare provider would have under similar circumstances, and b) the failure contributed to the alleged harm. Our medical malpractice lawyers have a large network of accomplished and qualified medical connections in Westport and throughout Missouri who will help validate your claim.
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What Compensation Can I Receive? | Westport, MO Medical Malpractice Lawyers
The compensation your medical malpractice lawyers will help you collect generally falls into two categories: economic damages, which look to compensate you for the financial damages you have sustained owing to a physician's substandard care; 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 an impairment that does not allow you to conduct the duties of your job anymore
- Medical expenses, such as:
- Follow up appointments
- Further procedures
- Physical therapy
- Medication costs
- 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
- Physical impairment
- Loss of capacity to enjoy life
- Loss of consortium
Burger Law's medical malpractice lawyers work tirelessly until you get every penny that you deserve. We know that you can never fully recover from some injuries, but we fight to make certain that your pain and suffering is alleviated.
Malpractice cases vary from other personal injuries in Missouri in two crucial 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 lessen insurance premiums for medical liability. The bill enforces "damage caps" on the amount you can be awarded in a medical malpractice case 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? | Westport, 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 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 Westport, MO?
If you or someone you love were harmed by a physician's negligence in Westport, MO, it is crucial to get in touch with 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, pursuant 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 suit. 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 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.
- If you or someone you care about was under 18 on the date of the negligent, you have until their 20th birthday.
Do not wait. Reach out to the Burger Law Westport, MO medical malpractice lawyers now. We get working on your case right away and do not rest until you receive maximum compensation . Delaying could bring complications to your case and could make it tough for even the best medical malpractice lawyers to show the full consequences of your damages. Call Burger Law's Westport, MO medical malpractice lawyers immediately at (314) 500-HURT.
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Medical Malpractice Lawyers Westport, MO
No one deserves to have their life halted because a healthcare professional 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 around the clock to get them the great results they need to move forward with their lives. 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 doctors, large hospitals abuse your vulnerability. Call Burger Law's Westport, MO medical malpractice lawyers today at (314) 500-HURT or fill out our online form to start on your road to recovery.