St. Louis Medical Malpractice Lawyers

Missouri Medical Malpractice LawyersOur St. Louis Missouri medical malpractice lawyers handle catastrophic personal injury and wrongful death lawsuits against negligent doctors, nurses and/or hospitals. When you suffer a life-altering event, you need the best medical malpractice attorney in St. Louis to evaluate your case.

As hospital and medical  negligence lawyers, we have immense respect for medical professionals. However, public safety requires healthcare providers  and hospitals be held responsible for errors. 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 attorneys fighting for victims, these reckless and/or negligent  healthcare professionals can be identified and future unnecessary injury can be avoided.

Sometimes negligence is a result of bad hospital policies. Whether you have a hospital lawsuit case cannot be determined until the file is professionally reviewed. Either way, a consultation with a St. Louis medical malpractice lawyer will help you shed light on your claim. 

What is Considered Medical Malpractice in Missouri?

Simply stated, Missouri requires all healthcare professionals to use the degree of skill and learning ordinarily used under the same or similar circumstances by other members of the doctor’s field. For example, did your surgeon do what other surgeons would have done under the circumstances? Failure to meet this minimum standard is considered the definition of negligence under Missouri law, and allows our St. Louis med mal lawyers to fight for your compensation. 

Our St. Louis Medical Malpractice Lawyers Handle the Following Cases:

  • Birth injuries
  • Hospital deaths
  • Misdiagnosis
  • Failure to diagnose cancer
  • Informed consent
  • Delay in treatment
  • Internal bleeding
  • Wrong medication
  • Failure to diagnose stroke
  • Colonoscopy perforation and failure to diagnose bleeding
  • EMTALA (Emergency Medical Treatment and Labor Act) claims
  • Anesthesia deaths
  • Wrong surgical site cases

Missouri Medical Malpractice Infographic

A Note About Medical Malpractice Statistics

First, we want to give you a warning. Most all the websites you visit are partisan propaganda machines for special interest groups. Doctor groups, hospitals, and insurance groups routinely publish false and misleading data on:

  • statistics of medical malpractice deaths;
  • hospital lawsuits;
  • rates of hospital negligence;
  • deaths per year;
  • rate of medical errors;
  • number of people dying from breaches of the standard of care;
  • patient safety data;
  • leading causes of death;
  • malpractice settlements;
  • cost of medical malpractice insurance;
  • med mal lawsuits being the cause of increased healthcare costs; and
  • other important health care data.

The only reliable data comes from the National Practitioner Data Bank (NPDB). The NPDB was established by Title IV of the Healthcare Quality Improvement Act of 1986 and Sections 1921 and 1128E of the Social Security Act. It was formed to improve healthcare quality, protect the public and reduce health care related fraud and abuse.

The number of preventable medical errors range between 200,000 to 440,000 in the US. It is estimated there are 98,000 medical malpractice deaths per year. That means a person dies every 90 minutes as a result of malpractice.

The First Step in Your Medical Malpractice Claim is Filing an Affidavit 

As of 2005, the Missouri legislature requires every Plaintiff to file an affidavit of merit from a qualified medical professional who attests the defendant doctor violated the standard of care. Since there are so many types of medical malpractice, it takes an expert to determine if the standard of care was violated. There are too many examples of medical negligence to list them all.

Once you get this affidavit, you may file a Missouri medical malpractice case (sometimes called a “med mal” case.) If you do not file this affidavit, your case may be dismissed. You do have a short period of time to file this affidavit after you file the lawsuit but this practice is not recommended. Your medical malpractice lawyer should have the proper expert review the facts well before the statute of limitations runs and timely filed with the Court.

How Long Do I Have to File a Med Mal Case in Missouri? 

The statute of limitations for a Missouri medical malpractice case is 2 years from the date of injury. If the malpractice results in a wrongful death, the deadline is 3 years. Both begin to run from the date of injury or death. In some cases the deadline can be tolled if the malpractice could not have been reasonably discovered until later. An example of medical malpractice meeting this criteria would be a surgeon leaving a foreign object inside someone after surgery. That object may not be found for many years.

What is My Missouri Medical Malpractice Case Worth?

There is no average settlement for medical malpractice. The amount of money you may recover depends upon the categories of damages you have. Medical malpractice lawsuit settlements vary widely depending upon the exact injury. Hospital lawsuit settlements are very hard to get. Suing a hospital for negligence is not an easy task. It takes lawyers specializing in medical malpractice cases to successfully bring your case to get paid fair compensation.

Missouri’s Medical Malpractice Caps on Damages

In general, Missouri law allows 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.

A Note About Medical Malpractice Lawsuit Settlements

When a doctor or hospital pays a settlement, they will require a full release of all claims. Additionally, they always request confidentiality. That means you can never discuss the terms or conditions of your settlement with anyone. Generally, the only way to avoid confidentiality is to have a jury trial.St. Louis med mal lawyer

Free Consultations & No Recovery, No Fee

Our St. Louis medical malpractice lawyers always provide free consultations.

Also, you owe us nothing unless we win your case. We pay for all investigations and experts. If the case is lost and follow the terms of the contingent agreement, you never owe us anything. If our St. Louis medical malpractice lawyers are not confident in your case, we will not agree to take it on.

Contact Our St. Louis Malpractice Lawyers Today

If you are looking for the best medical malpractice lawyers near you, we are located in downtown St. Louis, Missouri. We have successfully handled numerous medical malpractice cases. We are not afraid to sue the hospital, employees of the hospital or even independent contractors if that is what your case deserves. Remember, this is exactly what insurance coverage is for.

If you or a loved one have been injured by medical negligence in St. Louis Missouri, contact us today and speak to an experienced medical malpractice law firm for free.

 

Ryan Bradley AV Rated Medical Malpractice Lawyer in St. Louis, Missouri

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St. Louis

Address:
1424 Washington Ave
Suite #300
St. Louis, MO 63103

Phone:
314.400.0000

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Kansas City, Missouri

Address:
107 W. 9th Street
2nd Floor
Kansas City, MO 64105

Phone:
816.384.9666

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St. Louis Lawyer Disclaimer: The legal information offered herein by The Bradley Law Firm, is not formal legal advice, nor is it the formation of an attorney client relationship. In order for our firm to be considered your attorney there must be a signed agreement between the client and the firm. Any results set forth herein are based solely upon the circumstances of that particular case and offer no promise or guarantee upon the outcome of any other case. Please contact a lawyer for a consultation. This site is not intended to solicit clients outside the State of Missouri or Illinois. The Bradley Law Firm may co-counsel or associate with other law firms around the country at its discretion from initial intake through litigation when it deems appropriate.

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