Top Medical Malpractice Lawyers in St. Louis
Have you been a victim of medical malpractice? A St. Louis medical malpractice lawyer can help you get the justice you deserve. We will fight for your rights, every step of the way.
It is only fair to expect that whenever we visit a doctor, hospital, or dentist, we will receive competent care. While this does not mean that a positive outcome should always result from a visit, it does mean that medical professionals should take all appropriate steps to provide the best possible care to patients.
Unfortunately, this is not always the case. Medical professionals often make mistakes due to being tired, not being up to date on all recent medical advances, or simply by being careless or distracted. This can lead to serious injuries that severely impact the health of patients.
A St. Louis County medical malpractice lawyer may be able to help you take the steps needed to obtain compensation following instances of medical malpractice. An experienced injury attorney could help you evaluate the quality of medical care that you receive and understand the relevant laws that hold medical professionals to a minimum level of competency.
What is Medical Malpractice?
The term medical malpractice could relate to a variety of different issues that arise during a procedure. A doctor may commit malpractice if they act in a way that a similarly situated doctor would not have, given the circumstances presented by the patient. As a result, a medical malpractice attorney must evaluate all the factors that went into the doctor’s decision to act as they did. These include:
- The tools and facilities available to the doctor at the time of treatment
- The overall health of the patient prior to treatment
- The overall complexity of the procedure
- To what extent the treatment provided was done in an emergency scenario
A St. Louis County malpractice attorney who has experience in these cases could help determine whether medical malpractice occurred in a particular situation. However, only a licensed medical professional can testify to this fact in court.
St. Louis Medical Malpractice Cases
When you go to a medical facility for a procedure, you trust that the doctor is skilled and has complete confidence in their abilities. However, this is not always the case, as surgical mistakes, admin errors, birth injuries, and more can lead to a medical malpractice suit.
Proving innocence in a medical malpractice case can be very difficult; therefore, it’s recommended you have a skilled St. Louis medical malpractice lawyer ready and able to handle your case. When filing a medical malpractice claim in Missouri, the following must be present:
To file a medical malpractice case in Missouri, it must be evident that there was a doctor-patient relationship. In many cases, medical procedures need authorization by medical professionals, and oftentimes, these medical professionals have not treated you. This is one of the main cases that cause medical malpractice; as your information passes through so many hands, it must be tracked carefully.
Negligence From The Doctor
One of the most difficult aspects of any medical malpractice case is proving the doctor’s negligence contributed to the patient’s injury. Due to the nature of the case, and that many patients who are a victim of malpractice are injured, it can be difficult to prove negligence. However, this is why having a skilled St. Louis medical malpractice attorney handle your case is critical.
In the case that your medical provider was negligent when providing you care, you must prove that you were injured during the procedure to receive any damages from your case. In a medical malpractice case, it is common for the following damages to be awarded:
- Psychological anguish
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Mounting medical bills
- Physical pain
Your St. Louis medical malpractice attorney will represent you and fight for you to the best of their ability to get the damages you deserve from your traumatic experience. You can count on The Mutrux Firm Injury Lawyers to get you the justice you deserve.
What Are Some of the Most Common Causes of Malpractice?
There are quite a few common reasons that medical malpractice claims occur. Many victims of medical malpractice hire a skilled attorney, which is especially true if they are battling with their healthcare providers. Some of the most common medical malpractice claims are a direct result of the following:
Failure to Properly Diagnose
Unfortunately, although we trust our medical providers to give us an accurate diagnosis, this is not always the case. You may be entitled to damages if a different medical professional had provided you with an accurate diagnosis or provided the patient with a different diagnosis altogether, according to The Missouri Department of Insurance.
Incompetent Medical Treatment
When you undergo a medical procedure, you place a certain value of trust in the doctor performing the procedure. Although you might have been properly diagnosed, they may be incompetent, and not skilled enough to properly perform the procedure. This could lead to serious injury and could constitute a medical malpractice claim. Talk to one of our skilled St. Louis medical malpractice lawyers to learn about filing a claim.
Doctor’s Duty to Warn
Medical procedures often involve risks; therefore, the doctor performing the procedure has a duty to warn the patient of any potential risks that could occur. If the doctor has informed the patient of the risks and they decide not to carry out the procedure, the doctor could be liable if any injury occurs throughout the entire process.
What Constitutes Medical Malpractice?
There are many different ways that medical malpractice can be present due to negligence or another factor. Here are some of the most common:
- Failure to diagnose or misdiagnosis
- Misreading or ignoring laboratory results
- Unnecessary surgery
- Surgical errors or wrong-site surgery
- Improper medication or dosage
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking appropriate patient history
- Failure to order proper testing
- Failure to recognize symptoms
Why It’s Important to Have a St. Louis Medical Malpractice Lawyer?
At The Mutrux Firm Injury Lawyers, we have a skilled team of St. Louis medical malpractice attorneys ready and able to fight for your rights. Our attorneys are dedicated to our clients and have the experience to navigate the legalities of a medical malpractice claim. So, why is it important to have a medical malpractice attorney? Some of the most common reasons include:
- Deciding whether you have a claim
- Assist you in gathering medical records and evidence to file your claim
- Estimate a value for your claim
- Investigate who is liable for your injuries
- Expert testimony
- Helping you understand your rights
- File your claim and represent you in court
Statute of Limitations for Medical Malpractice
When filing a claim, you must do so before the statute of limitations expires. In Missouri, the statute of limitations allows a patient to file a claim exactly two years from the date of injury. It is critical to file the claim as soon as possible, as it takes time to assemble a case and gather witness testimony and evidence.
Is there a Requirement to Speak with an Expert Witness?
Most medical malpractice cases consider complicated questions concerning the proper practice of medical science. As a result, neither an injured plaintiff nor their attorney is qualified to present this evidence to a lay jury. Legislatures have long recognized this problem, and in the interest of discouraging frivolous lawsuits against doctors, they require that plaintiffs hire expert medical witnesses to prosecute their claims.
In fact, plaintiffs must work with these experts before the case even gets to court. According to MO Statute §538.225, a plaintiff or an attorney must complete an affidavit that states that they have consulted with a qualified legal expert and that this expert believes that medical malpractice has occurred. The statute also states that an expert is qualified if they are a licensed medical professional in the same profession as the defendant, are actively practicing or have retired within the past five years, and hold the same specialty as the defendant.
This expert is also critical if the case goes to trial. An expert would serve as a plaintiff’s chief witness to evaluate the actions of a defendant doctor and to describe how that malpractice inflicted injuries. A medical malpractice lawyer in St. Louis County could help plaintiffs to understand the requirement to work with an expert witness and to take appropriate steps to locate and hire these professionals.
How Much Do Medical Malpractice Cases Pay?
How much compensation you might receive from a medical malpractice claim varies; however, according to the 2019 Medical Malpractice Payout Report, Missouri experienced 179 medical malpractice payouts, amounting to $52.44 million.
However, it is important to note that in order to claim these damages, you have to prove that medical malpractice occurred in the following forms:
- A doctor’s negligence caused harm to the patient
- It is impossible for the damages to be resolved otherwise
- Prior to the procedure, your injuries were not present
There are a few different aspects that could come into play that could cause you harm in a medical facility. These include unsanitary conditions, failure to maintain equipment, or an error during the procedure. Our St. Louis medical malpractice lawyers consider damages from malpractice to be the following:
- Economic damages
- non-economic damages
- punitive damages
Economic damages often include medical expenses, lost earnings, diminished earning capacity, and any medical bills that may accrue in the future. Non-economic damages include any mental anguish, diminished quality of life, pain, and loss of enjoyment. Punitive damages are present when the doctor is aware that their actions would cause the patient injury or pain.
An experienced St. Louis medical malpractice lawyer will ensure that they consult financial experts to ensure your compensation is accurately calculated, especially the lost earnings during recovery. This can be challenging; however, your skilled medical malpractice attorney can help you throughout the process and get you the justice you deserve.
Non-economic damages include both mental anguish and physical pain. It is difficult for a judge to see how much pain someone is experiencing in the courtroom, which is why it’s critical to have a skilled attorney by your side. Some non-economic damages include:
- Loss of enjoyment
- Physical pain
- Diminished quality of life
- Mental health issues
- Loss of consortium
- Emotional pain
How Can a St. Louis Medical Malpractice Attorney Help?
An experienced St.Louis medical malpractice lawyer can help you retrieve the damages you are entitled to. In the event of medical malpractice, your lawyer can help by filing your claim, gathering evidence, consulting experts and eyewitness testimony, and representing you in court.
This process can prove to be quite difficult if you choose to navigate the legal system on your own. Get in touch with The Mutrux Firm Injury Lawyers today for a consultation.
A St. Louis Medical Malpractice Attorney May be Able to Help You
Medical malpractice claims are among the most complex cases for personal injury that occur in our society. It is rare for a person to be able to recognize when medical malpractice occurs, but not so rare for a person to realize that something has gone wrong. If an error leads to a new condition or a worsening of an existing one, this may indicate medical malpractice.
This can occur in a variety of ways. A medical professional may commit malpractice by failing to diagnose a condition, being slow to order diagnostic testing, prescribing unsafe medication, or even by making errors during surgery. To prove these cases, a plaintiff must work with a qualified medical expert. This expert is necessary to make claims even before a case gets to court.
A St. Louis County medical malpractice lawyer could help you when a doctor, dentist, or nurse error results in your injuries. They can help you to press your claims for medical bill payments, lost wage reimbursement, and payments for pain and suffering. You may have as little as two years from the date of malpractice to start a case. Contact a St. Louis County medical malpractice lawyer today to get started.