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Medical Malpractice Lawyers Winston, Missouri

Medical Malpractice Lawyers in Winston, Missouri. If you or a loved one were hurt because a physician did not offer you the adequate 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 in Winston and throughout Missouri.

You should not have to pay because a doctor, hospital or other healthcare professional in Winston, MO broke the rules. When we seek medical care, we do so under the assumption that we are placing our well-being — and at times even our lives — in competent hands. When doctors are negligent , leaving you with even worse illnesses or injuries as a result, trust in the accomplished and skilled Winston, MO medical malpractice lawyers of Burger Law to win you justice and the best possible compensation. Not only are we empathetic and devoted to the injured in Winston, MO, but we are more aggressive than most law firms in filing litigation 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 driven and will accept nothing but a full financial recovery. Negligent health care can have traumatic, life-long consequences, and in the most tragic circumstances can even lead to wrongful death.

In our 30 years of experience standing up to 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 a loved one has been injured by a thoughtless physician in Winston, MO, get in touch with Burger Law's medical malpractice lawyers now at (573) 500-HURT or contact us online.

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

Medical Malpractice Statistics | Winston, MO Medical Malpractice Lawyers

A study by John Hopkins Medicine found that 10 percent of all fatalities nationwide are owing to medical error. Just one percent of physicians account for about a third of medical malpractice cases. Too often, negligent doctors are allowed to keep practicing without any ramifications. But when the state of Missouri does not want to hold negligent doctors responsible, you can be certain the medical malpractice lawyers of Burger Law will.

In Missouri, less than 33 percent of medical malpractice lawsuits end with the plaintiff being awarded 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 ensure you get the full compensation you deserve.

Who Your Medical Malpractice Lawyers in Winston, MO Can Hold To Blame in Your Case

We frequently immediately think of doctors when we think of medical malpractice, there are many parties that may be culpable 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 lawsuits are frequently intricate; it may not be immediately clear who was responsible, or many parties might be accountable. The trustworthy and talented Winston, MO medical malpractice lawyers at Burger Law will perform a complete investigation into your injuries and make certain that every party that caused you harm is held responsible for their thoughtless actions.

Examples of Medical Malpractice in Winston, MO

Medical negligence transpires when a healthcare professional breaches the standard of care, which is how a capable doctor in the same practice area and same geographic location would have treated your health issue. Our Winston, MO medical malpractice lawyers have seen that occur in a variety of ways:

Failure to Diagnose or Misdiagnosis

This is the most common reason for medical malpractice claims that occur in outpatient treatment. About 12 million Americans are misdiagnosed every year. Diagnosing health issues early on is imperative in attaining the best possible outcome for a patient. A misdiagnosis, or failing to diagnose, can cause a delay to the care you seriously need to get better, or can lead to inappropriate care that exacerbates your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most deadly 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 frequent medical malpractice case related to in-hospital treatment. There are at least 4,000 surgical errors nationwide each year, and frighteningly, the most common source is performing surgery on an erroneous body part. Other instances can include accidental cuts, anesthesia errors, foreign objects like instruments being left inside the patient, infections or failure to treat difficulties surface after the surgery.

Medication Errors

An estimated 7,000 to 9,000 people in the U.S. die annually due to mistakes when administering medication. Examples can include not knowing a patient's allergies, giving the wrong medication, giving an incorrect dosage or not identifying interactions with other drugs.

Another example of medication errors is overprescribing medications. Studies have found that overprescribing is a major contributor to the opioid crisis in the U.S.

Unnecessary Care

Unnecessary medical care costs approximately $210 billion each year. John Hopkins Medicine surveyed 2,106 physicians and found that doctors themselves think that 15 to 30 percent of medical care is unnecessary, including:

  • 22 percent of prescription medications
  • Almost a quarter of medical tests
  • Over a tenth of procedures
  • More than a fifth of medical care in general

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 Annually. Not properly observing the child during delivery, not properly using birthing procedures or not diagnosing a health issue with the mother during pregnancy are all cases of medical malpractice that can result in long-term or lifelong consequences.

Nursing Home Neglect and Abuse

The 1987 Nursing Home Reform Act put in place a Bill of Rights for nursing home residents meant to protect and secure their physical, emotional and social well-being. When a nursing home or its staff does not respect those rights and the person you care about is injured as a result, the medical malpractice lawyers of Burger Law will hold them to blame.

Failure to Inform or Lack of Consent

Everyone has an innate right to make decisions for ourselves. When a healthcare institution neglects to inform you of risks, or does not secure your consent before treatment, it is a serious breach of your rights.

At Burger Law, our Winston, MO medical malpractice lawyers have experience with every type of negligence suit. We know the terrible consequences a healthcare professional's or institution's carelessness can cause, and the rage and sorrow that accompanies learning that your trust was broken. We hold careless doctors responsible and secure our Winston, MO clients the great compensation 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. Reach out to our medical malpractice lawyers in Winston, MO immediately at (573) 500-HURT.

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Medical Malpractice Cases Won

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What Medical Malpractice Lawyers in Missouri Can Do For You

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

  • Start working on your claim straight away
  • Connect you with trustworthy and capable doctors to finally get you the medical treatment you are owed
  • Carry out a full investigation, including gathering medical records, expert testimony and taking depositions of the defendant
  • Work alongside our team of Winston, MO medical experts to determine standard of care in your case, demonstrate how the treatment you received was below standard and prove negligence
  • Offer sympathetic, informed and trustworthy legal counsel
  • Make sure you informed through the duration of your suit so you are not left in the dark and you know everything you need to make the best decision for your family
  • Oversee every legal aspect of your case so you can focus your energy on recovering
  • Work alongside with economic experts to precisely value your damages
  • Negotiate with the insurance company to get you a full settlement offer
  • Take your case to court when the insurance company does not want to offer what you deserve in mediation

At Burger Law, we know that the average person in Winston, MO does not have access to the resources and legal expertise to stand up to the expensive defense teams of doctors and large insurance companies. For that reason, our Winston, MO medical malpractice lawyers operate on a contingency fee basis. You do not pay us anything until we get you the great compensation you deserve. We have devoted our careers to making certain that the injured and vulnerable in Winston, MO have access to the highest standard of legal representation, one that matches and surpasses that of large corporations. Our medical malpractice lawyers always work to abolish every hindrance standing between you and justice.

What You Need in a Medical Malpractice Claim

Not every mistake carried out by medical professional constitutes malpractice. In order to be awarded a financial recovery for negligent care in Winston, MO, you must conclusively show four things. Your medical malpractice lawyers from Burger Law will help you demonstrate 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 typically very easy to prove.
  2. The doctor or healthcare provider was negligent. You need to be able to prove that a capable healthcare professional in the same field, in the same geographical location caring for the same medical condition, would not have committed the same error.
  3. The doctor’s violation of the standard of care directly caused you harm. This can frequently be difficult to prove, as patients under a physician's care are typically already sick or injured.
  4. That the injury caused the patient damages. Examples include physical pain, impairment, additional medical expenses, or loss of future earning potential.

In Missouri, you will also be required to give 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 practice area that states that a) the doctor did not give you the treatment that a prudent healthcare provider would have under similar circumstances, and b) the failure contributed to the alleged injuries. Our medical malpractice lawyers have a massive network of accomplished and professional medical connections in Winston and throughout Missouri who will help verify your claim.

What Compensation Can I Collect? | Winston, MO Medical Malpractice Lawyers

The compensation your medical malpractice lawyers will help you collect typically falls into two categories: economic damages, which are meant to compensate you for the monetary loss you have sustained owing to a doctor's negligence; and noneconomic damages, which are intended 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 a disability that does not allow you to conduct the duties of your job anymore
    • Medical bills, including:
      • Subsequent doctors appointments
      • Surgeries
      • 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
    • 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 nickel that you deserve. We know that some injuries are impossible to fully recover from, but we fight to ensure that your pain and suffering is alleviated.

Malpractice cases differ from other personal injuries in Missouri in a couple of crucial aspects. Your medical malpractice lawyers at Burger Law will help you navigate 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 lessen insurance premiums for medical negligence. The bill puts in place "damage caps" on how much you can be awarded 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? | Winston, MO Medical Malpractice Lawyers

The damage caps for catastrophic injuries are higher because they impact your ability to perform daily tasks and to find enjoyment in life. Your Burger Law malpractice lawyers will help you determine if your injury can be considered 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 Winston, MO?

If you or a loved one were injured by a physician's substandard care in Winston, MO, it is imperative to reach out to medical malpractice lawyers right away. While most personal injury claims have a time limit of five years in Missouri, medical malpractice cases only have a time limit 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 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 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 love was a minor on the date of the substandard care, you have until they turn 20.

Do not wait. Call the Burger Law Winston, MO medical malpractice lawyers immediately. We get to work on your case right away and do not let up until you have been fully compensated . Waiting could create difficulties for your suit and could make it difficult for even the best medical malpractice lawyers to show the full scope of your damages. Call Burger Law's Winston, MO medical malpractice lawyers immediately at (573) 500-HURT.


Call Burger Law Now

Medical Malpractice Lawyers Winston, MO

No one deserves to have their life disrupted because a physician gave them substandard care. Burger Law's Winston, MO medical malpractice lawyers comprise the highest- and most-reviewed law firm in the Midwest. We fight hard for our clients and work tirelessly to get them the great results they need to move forward with their lives. 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 medical professionals, large corporations manipulate your vulnerability. Call Burger Law's Winston, 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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