St. Charles Medical Malpractice Lawyer
We trust doctors and other medical professionals to take care of our healthcare needs and provide a high level of care. The nature of their jobs means that someone’s life could be in their hands. However, when something goes wrong, it can have serious and sometimes deadly consequences for the patient.
If you were harmed as a patient due to the negligence of a medical professional, reach out to a St. Charles medical malpractice lawyer for help with the claims process. To learn more about your eligibility to receive compensation for damages, schedule a consultation with a knowledgeable injury attorney today.
Affidavit of Qualified Health Care Provider in Malpractice
Medical malpractice cases are complex, and are expensive to litigate. To help ensure that these cases have merit, Missouri requires that a plaintiff provide a “Affidavit of Qualified Health Care Provider” and file it either with their lawsuit or within 90 days of filing. This affidavit should contain the written statement of a legally qualified healthcare professional affirming that the defendant failed to provide reasonable care, and that failure caused the patient harm. If the affidavit is not filed in the right time frame, a judge will dismiss the lawsuit. Medical malpractice attorneys will know what information needs to be in the affidavit, and are adept at finding the right qualified professionals to provide one.
Recoverable Damages in Medical Malpractice Cases
Injured patients can seek compensation for a number of losses they suffered due to the alleged malpractice, which are divided into two categories. The first are economic damages, which includes lost wages, past medical bills, and funds for future necessary medical treatment. Economic damages are more quantifiable than the second category, known as noneconomic damages. This category includes compensation for physical and mental pain and suffering, loss of earning capacity, and other related losses connected to the malpractice.
Missouri is more doctor-friendly than other states when it comes to medical malpractice, and this is prominently shown through the state’s cap on noneconomic damages. Wrongful death and catastrophic injury damages are capped at $700,000, and all other cases are capped at $400,000. Whether the injuries are catastrophic or not is a question of fact, so talk to a lawyer to see if your cases will fit the criteria.
Time Limits on Filing Medical Malpractice Suits in St. Charles
All civil cases in Missouri have a time limit on filing a lawsuit, known as its statute of limitations. For medical malpractice cases, this time limit is two years after the injury occurs, or two years after the date of discovery. The latter allows patients the opportunity to extend the statute of limitations if they were unaware that potential medical malpractice has occurred. For example, if a patient undergoes a surgical procedure and the doctor leaves a foreign object in their body which causes an infection, the clock starts ticking when the patient discovers the surgeon’s error through future treatment. If you are unsure what day your statute of limitations clock started, seek the help of an attorney well-versed in Missouri medical malpractice law.
Speak with a St. Charles Medical Malpractice Attorney Today
All personal injury cases can be stressful, and this is only compounded when you are trying to recover your health. Medical malpractice cases are complex and need the attention of an attorney well-versed in this type of litigation. Do not delay your right to compensation. Contact a St. Charles medical malpractice lawyer to begin discussing your case.