St. Louis Medical Malpractice Lawyer

Medical malpractice occurs when a doctor, nurse, hospital or other health care provider fails to meet the accepted standard of care, and that failure causes harm to a patient. Common examples include misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, anesthesia mistakes and failure to monitor a patient. A bad outcome alone is not malpractice. The claim must show the provider's care fell below what a reasonably careful provider would have done.

A valid case usually requires four things: a doctor-patient relationship, care that fell below the accepted standard, proof that the error caused your injury, and real harm such as added medical bills, lost income or a lasting injury. Missouri and Illinois both judge the standard of care by what a reasonably competent provider in the same field would have done. A lawyer will have your records reviewed by a qualified medical expert before deciding whether to file.

Under RSMo 516.105, most Missouri medical malpractice lawsuits must be filed within two years of the date of the negligent act, not the date you discovered it. There are limited exceptions, such as a foreign object left in the body or a failure to tell you about test results, and special rules for children. In most cases, no lawsuit can be filed more than ten years after the act. If the patient died, the family generally has three years under RSMo 537.100.

Under 735 ILCS 5/13-212, Illinois generally allows two years from the date you knew, or reasonably should have known, about the injury and that it may have been caused by negligence. However, no lawsuit can be filed more than four years after the act or omission, even if you did not know about it. Claims for children have longer limits, generally up to eight years after the act but not after the child's 22nd birthday.

Yes. In Missouri, RSMo 538.225 requires an affidavit within 90 days of filing stating that a qualified health care provider has reviewed the case and found the care was below the standard and caused the injury. Without it, the court must dismiss the case. Illinois requires a similar affidavit and a written report from a qualified health professional to be attached to the complaint under 735 ILCS 5/2-622. Experts are also needed to testify at trial.

Medical malpractice victims in Missouri and Illinois may recover compensation for past and future medical bills, lost wages and lost earning ability, the cost of ongoing care, and non-economic losses such as pain and suffering, disability, disfigurement and loss of enjoyment of life. When malpractice causes a death, the family may recover funeral costs, lost financial support and the loss of their loved one's companionship and guidance.

Yes, for non-economic damages. Under RSMo 538.210, Missouri caps damages such as pain and suffering at a base amount of $400,000, or $700,000 for a catastrophic injury or death, and these limits increase by 1.7 percent each year. Economic damages, such as medical bills and lost income, are not capped. Punitive damages are allowed only with clear and convincing evidence of willful, wanton or malicious misconduct.

No. The Illinois Supreme Court struck down the state's cap on non-economic damages in medical malpractice cases in 2010, so juries can award the full amount of economic and non-economic damages they find. However, Illinois does not allow punitive damages in medical malpractice cases under 735 ILCS 5/2-1115.

In Missouri, yes. Missouri follows pure comparative fault, so your damages are reduced by your share of fault rather than barred. For example, a patient who ignored discharge instructions may have their recovery reduced. In Illinois, you can recover only if you were not more than 50 percent at fault, and your damages are reduced by your share under 735 ILCS 5/2-1116.

Often, yes. A hospital can be responsible for the mistakes of nurses, residents and other staff it employs, and for its own failures, such as poor staffing, unsafe policies or allowing an unqualified provider to practice there. Many doctors who work in hospitals are independent contractors, so whether the hospital is responsible for a doctor's error depends on the facts. A lawyer will review who employed each provider involved in your care.

Medical malpractice cases usually take longer than other injury cases, often two to four years from filing to resolution. Records must be gathered and reviewed by experts, both sides take depositions of the providers and experts, and insurers for doctors and hospitals often defend these claims hard. Many cases settle before trial, but some go to a jury. Starting early helps protect evidence and keeps the case within the deadlines.

Mutrux Firm Injury Lawyers handles medical malpractice cases on a contingency fee basis, so you pay no upfront fees. Our fee is a percentage of the money we recover, and if we do not recover anything, you do not pay a fee. Expert reviews and case costs are explained in writing before you sign, so you know how they are handled from the start.