Columbia Medical Malpractice Lawyer
When our loved ones or we are sick, injured, or in some need of care, we trust doctors, nurses, and healthcare facilities with our very lives. Despite this trust, however, careless mistakes can be made that leave us with potentially lifelong physical and psychological afflictions.
If you or a close family member are seriously injured due to the medical negligence of a healthcare professional, you should seek a consultation with a Columbia medical malpractice lawyer. By employing both their legal skills and knowledge of the pharmaceutical industry, an experienced Columbia medical malpractice attorney will work to get you the justice you deserve.
What Is Medical Malpractice?
Under Missouri Revised Statutes §516.105, a medical malpractice claim is defined as a particular type of personal injury lawsuit that is brought against any one of the following defendants:
- Certain mental health professionals
- Other healthcare professionals providing care in the scope of their employment
While there are many potential defendants, a Columbia medical malpractice attorney may aid the plaintiff in defining which party, or parties, to seek to hold liable for their damages.
Furthermore, a plaintiff and their attorney should define whether their lawsuit is a medical malpractice suit, or merely a personal injury claim. The reason for this is because there are caps on certain types of damages for medical malpractice lawsuits that can have ramifications for the amount of financial compensation a plaintiff could receive.
Which Damages are Capped in a Medical Malpractice Claim in Columbia, Mo.?
When a plaintiff brings a medical malpractice lawsuit, the legal terminology for the financial award they pursue is called damages. Three types of damages a plaintiff can pursue are economic, non-economic, and punitive. Under Missouri law, however, the non-economic type has a cap on how much a plaintiff may be awarded, and this amount has changed in recent years.
The Non-Economic Damages Cap
Non-economic damages refer to a range of intangible psychological injuries that a plaintiff may endure as a result of their physical injuries. Some such examples are pain and suffering, disfigurement, humiliation, inconvenience, and other harms. In 2015, Miss. Rev. Stat. §538.210 took effect and raised the cap on this type of claim from $350,000 to $400,000. This is good news for plaintiffs; by raising this cap, they may now pursue and potentially receive more financial compensation for the harm they have suffered.
Furthermore, under Miss. Rev. Stat. §538.210, a plaintiff may be awarded up to $700,000 if their harm is considered a “catastrophic personal injury.” A medical malpractice lawyer from Columbia will help the plaintiff to define their type of injury and generally pursue the maximum amount under that claim.
Economic damages refer to the actual physical harm the plaintiff sustained and the financial consequences that resulted. Medical bills, lost income, lost earning capacity, rehabilitation costs, household services, and lost future wages are all examples of harms that can be pursued under the economic damages umbrella. Fortunately for the plaintiff, economic damages have no cap.
What are Punitive Damages?
Punitive damages are not awarded as often as their non-economic and economic counterparts because their purpose is not to compensate the plaintiff but to punish the defendant. Since they are punitive, these damages are generally only awarded if the defendant’s actions were so reckless, or intentional, that they merit punishment.
Is Medical Malpractice Common in Columbia, Mo?
It is an unfortunate fact that medical malpractice is quite common throughout the United States. Hundreds of thousands of patients each year experience medical malpractice, resulting in injury, and in some cases, even death. If you or a loved one have experienced medical malpractice, and are interested in filing suit, get in touch with our Columbia, Mo. medical malpractice lawyers today for a consultation.
How Long Do I Have to File a Medical Malpractice Claim in Columbia, Mo.?
In Missouri, the statute of limitations dictates that victims have up to two years to file suit. However, it is critical to contact your attorney and begin filing suit as soon as possible. Your Columbia medical malpractice attorney needs time to gather evidence, consult experts, and interview any witnesses, which will help us assemble a compelling case on your behalf. If the claim is not filed within the two-year interval, it will be extremely difficult to receive a positive outcome in your case.
What Types of Evidence is Needed to Prove a Medical Malpractice Case in Columbia, Mo.?
To prove your medical malpractice case in Missouri, there are a few variables that must be present. The evidence that must be present includes:
- Medical records
- Treatment plans
- Billing statements
- Emailed communications
- Personal Journal
- Photographs of injuries
- Timeline of events
- Names of people involved
As your attorney in Columbia, Mo., we are ready and able to help you with your claim and get you the justice that you deserve. Our attorneys are adept at dealing with these types of cases, and will not hesitate to take your case to court if needed. When you get injured in Missouri, you can trust the Mutrux Firm Injury Lawyers with your case.
When should I contact a medical malpractice lawyer in Columbia, MO?
If you suspect that you or a loved one has been the victim of medical malpractice, it is critical to get in touch with an attorney immediately. It is critical to file suit within the statute of limitations to ensure that you have the best chance possible to be awarded the damages that you deserve. The Mutrux Firm Injury Lawyers is here to help you throughout this process, and will be by your side every step of the way. When you trust Mutrux, you know you are in good hands.
Call a Columbia Medical Malpractice Attorney Today
To effectively litigate a medical malpractice claim, an attorney will generally need experiential knowledge of both the legal and medical terminology and arguments associated with these types of suits. A Columbia medical malpractice lawyer, therefore, who is well-versed in the intricacies of these lawsuits could review your situation and potentially advocate on your behalf. To get started on a case, be sure to schedule a consultation today.
Columbia Mo. Medical Malpractice Lawyer FAQ
How much does it cost to hire a medical malpractice lawyer in Columbia, MO?
Most medical malpractice lawyers work on a contingency fee basis. This means they only get paid if you win your case, taking a percentage of the awarded compensation. Initial consultations are often free, allowing you to discuss your case without financial risk.
Can I file a medical malpractice lawsuit against any healthcare professional?
Medical malpractice cases can be brought against various healthcare professionals, including doctors, nurses, surgeons, and other medical practitioners. Hospitals and healthcare facilities may also be held liable for the actions of their employees.
How long does a medical malpractice case take to resolve?
The duration of a medical malpractice case varies. Some cases may settle quickly, while others may take several months or even years, depending on factors such as the complexity of the case, negotiations, and court proceedings.
Will my case go to trial?
Not all medical malpractice cases go to trial. Many are resolved through negotiations and settlements. However, if a fair settlement cannot be reached, your case may proceed to trial, where a judge or jury will determine the outcome.
What should I bring to my initial consultation with a Columbia, MO medical malpractice lawyer?
Bring all relevant medical records, documents, and any communication with healthcare providers. This information will help the lawyer assess the strength of your case during the initial consultation.
How do I find the right medical malpractice lawyer in Columbia, MO?
Research reputable law firms, read client reviews, and seek recommendations. Look for lawyers with experience in medical malpractice cases and a proven track record of success. It’s essential to choose a lawyer who understands both legal intricacies and medical complexities.
How do I know if I have a valid medical malpractice case?
To determine the viability of your case, consult with an experienced medical malpractice lawyer. They will evaluate the facts, gather relevant medical records, consult experts, and assess whether the healthcare professional deviated from the standard of care, leading to your injuries.