To prove medical malpractice in Missouri, you generally must show that a health care provider failed to meet the appropriate standard of care and that this failure caused you to suffer an injury. A poor medical outcome alone is not enough. You need evidence connecting the provider’s conduct to the harm you experienced.
What Do You Have to Prove in a Missouri Medical Malpractice Case?
Missouri law generally requires a patient to establish that the provider failed to use the degree of skill and learning ordinarily used by members of the profession under similar circumstances.
A successful claim typically requires proof that:
- The health care provider owed you a duty of care.
- The provider failed to meet the applicable standard of care.
- That failure caused or contributed to an injury and resulting damages.
Even when a provider made a mistake, you still need to establish a connection between that mistake and your injuries.
How Do You Show That a Medical Provider Breached the Standard of Care?
The standard of care is based on what a reasonably careful provider in the same profession would have done under similar circumstances. It does not require a doctor to guarantee a successful outcome.
Because these cases often involve questions of medical judgment, testimony from a qualified health care professional can play a central role. That professional can explain the applicable standard of care and identify how the defendant’s conduct departed from it.
What Evidence Can Help Prove Medical Malpractice?
Medical records are often the starting point in a medical malpractice claim. Depending on what happened, useful evidence may include:
- Medical records documenting your symptoms, diagnoses, tests, treatment, and changes in your condition
- Diagnostic evidence such as imaging, laboratory results, and other test results
- Prescription records showing medications that were prescribed, changed, or discontinued
- Hospital records and policies that may help establish how your care was handled
- Communications with providers related to your symptoms, treatment, or follow-up care
- Records from subsequent treatment documenting the injury and additional medical care you needed
Your attorney can evaluate this evidence alongside medical testimony to help establish whether the provider failed to meet the standard of care and whether that failure caused your injury.
How Do You Prove the Medical Error Caused Your Injury?
Causation can be one of the most disputed parts of a medical malpractice case. You generally must show that the provider’s negligence caused or contributed to the harm for which you are seeking compensation.
For example, if a doctor failed to diagnose cancer promptly, proving that the diagnosis should have occurred sooner may not be enough. You may also need evidence showing how the delay affected the disease, available treatment, or your prognosis.
Defendants may argue that your harm resulted from an underlying condition rather than negligent care. Medical testimony can help establish the connection between the provider’s actions and your injuries.
Does Missouri Require an Affidavit in Medical Malpractice Cases?
Yes. Missouri generally requires a plaintiff to file an affidavit stating that a legally qualified health care provider has reviewed the case and believes the defendant failed to provide the required standard of care and that this failure caused or contributed to the claimed damages.
The affidavit generally must be filed within 90 days after the lawsuit is filed, although a court may allow additional time in certain circumstances. Failure to meet this requirement can result in dismissal.
How Long Do You Have to File a Medical Malpractice Claim in Missouri?
Missouri generally gives you two years from the date of the alleged medical malpractice to file a lawsuit. Certain exceptions can affect that deadline, including limited circumstances involving delayed discovery or minors. Because waiting can also make medical records and other evidence harder to obtain, it is a good idea to speak with an attorney well before the filing deadline.
What Damages Can You Recover for Medical Malpractice?
Compensation may address additional medical treatment, lost income, reduced earning ability, and the physical and emotional effects of your injury. Missouri also limits certain noneconomic damages in medical malpractice cases, with the applicable limits depending on the circumstances.
The value of your claim will depend on the evidence of negligence and the extent of the harm it caused.
Find Out Whether the Evidence Supports Your Claim
If you believe negligent medical care caused you harm, Privette Law Office can review what happened and determine what evidence may support your claim. We can obtain medical records, evaluate your treatment, and pursue compensation when the evidence supports a medical malpractice case.
Contact Privette Law Office to discuss your situation and your legal options under Missouri law.