Missouri medical malpractice lawsuits are filed against doctors, nurses and/or hospitals that injure people due to negligent treatment.
Simply stated, Missouri requires all healthcare professionals to use the degree of skill that another provider would use if they found themselves in the same or similar situation. Failure to meet this minimum standard is considered the definition of negligence under Missouri law.
As of 2005, the Missouri legislature decided to require every Plaintiff wanting to file a medical malpractice lawsuit to file an affidavit stating their case was reviewed by a qualified medical professional who determined the care was negligent. If you fail to file this affidavit, your case can be dismissed by the court. Once you get this affidavit, you may file a Missouri medical malpractice case (sometimes called a “med mal” case.) While technically, you have a period of time to file this affidavit after you file your case, this practice is not recommended. Your medical malpractice lawyer will have the proper expert review the facts of the case and ensure it is timely filed with the Court.
As medical malpractice attorneys, we have immense respect for medical professionals. However, we believe it is imperative for public safety that people harmed by medical malpractice hold the doctors and hospitals responsible for their negligence. Sometimes medical malpractice is the result of a bad mistake by a careless doctor. Sometimes the negligence is a result of bad hospital policies that require doctors to be awake for 24 hour shifts and make critical life and death decisions while fatigued.
The public has a right to make informed decisions in who they entrust their care. As with any profession, there are good and bad doctors. If bad doctors are not identified, people will continue to be injured. Thankfully, through the hard work and dedication of medical malpractice victims and their medical malpractice attorneys, these bad doctors can be identified and future unnecessary injury can be avoided.
The amount of money you may recover depends upon the categories of damages you have. Missouri law allows injured victims of medical malpractice to recover the cost of medical bills, lost wages and pain and suffering. However, Missouri’s legislature passed tort reform laws in 2005 that severely limited victim’s rights to recover pain and suffering damages. For instance, if a surgeon accidentally amputates your right arm and should have amputated the left, you are only allowed to recover $350,000 for your disability, pain and suffering resulting from this injury. Subsequently, the Missouri Supreme Court invalidated that law in 2014. However, in 2015, the Missouri legislature again enacted pain and suffering limits of $400,000 for non-catastrophic injury cases and $700,000 for catastrophic injury cases. We expect these new caps to be challenged and overturned as being unconstitutional.
The Bradley Law firm has successfully handled numerous medical malpractice cases. If you or a loved one have been injured by medical malpractice in Missouri, contact us today and speak to an experienced medical malpractice lawyer for free.