To err is human, and everyone makes mistakes—even the most accomplished healthcare professionals. However, healthcare mistakes that fall outside the course of accepted medical practice sometimes rise to the level of medical malpractice, and when they do, victims can hold the careless medical professionals who commit them liable for the consequences.
That said, medical mistakes don’t always add up to a medical malpractice claim. These cases are highly fact-specific and must meet particular criteria to stand up in court. So, what is medical malpractice, and how can you pursue compensation when a trusted healthcare provider fails to give you proper care? The attorneys with Privette Law Office can answer those questions for you during a free consultation.
For nearly 40 years, our legal team has helped people in Southern Missouri pursue the compensation they deserve for their injuries and financial losses. We are passionate about serving our clients and treating them with the utmost respect while fighting to protect their rights. What’s more, we never charge upfront legal fees. Call or contact us online today, and a Missouri medical malpractice lawyer will explain your legal rights and options.
What Is Medical Malpractice?
Medical malpractice rises above basic mistakes or errors. It means a healthcare provider fails to provide a patient with treatment that meets the appropriate medical standard of care given the circumstances. Whether a mistake rises to the level of malpractice hinges on the answer to one critical question: would a similarly trained and experienced medical professional render the same care under the same circumstances? If the answer is no, a medical provider may have violated the medical standard of care, in which case an injured patient can pursue a malpractice claim against them.
How Do You Prove Medical Malpractice?
Proving medical malpractice comes down to evidence. You must establish that a medical provider negligently deviated from the acceptable standard of care and harmed you as a result of that negligence. Witness statements, medical records, and other documentation can be vital to proving the necessary elements of a medical malpractice case. In Missouri, you will also need testimony from a qualified healthcare provider supporting your claim of malpractice.
Your evidence will need to establish the following elements. First, you must show a legitimate doctor-patient relationship existed between you and the healthcare provider. Next, you must establish that your healthcare provider failed to treat you within the accepted medical standard of care for your unique situation. Third, you must show that you were harmed by this deviation, and, finally, that you can be compensated financially for that harm.
Types of Missouri Medical Malpractice Claims
Some of the most common types of medical malpractice claims stem from issues like the following:
- Failure to diagnose
- Misdiagnosis
- Failure to treat
- Delayed diagnosis
- Surgical errors
- Medication errors
- Birthing injuries
- Ignoring, dismissing, or misreading laboratory results
- Performing unnecessary surgeries or procedures
- Failure to warn
- Substandard care
- Lack of informed consent
Since these types of cases are sensitive and fact-specific, it is always best to discuss the unique aspects of your situation with an experienced Missouri malpractice attorney. An attorney can review your situation and outline your options for pursuing compensation.
Compensation for Missouri Medical Malpractice
Putting a fair and accurate value on a medical malpractice claim can be challenging. Before you accept money from a healthcare provider or an insurer, talk to a seasoned medical malpractice lawyer first. A lawyer can protect your rights and calculate how much you could be owed, so that you don’t accept an offer far below what you deserve. The circumstances of your situation and the severity of your injuries are just two factors that can influence the value of your compensation.
It is also important to note that Missouri law caps the amount of money injured individuals can recover from medical malpractice cases. While there is no limit to the amount you can recover for economic losses such as medical bills and lost wages, the state caps the money you can recover from non-economic losses like emotional distress and pain and suffering. The Missouri Department of Insurance has a table that outlines the cap for non-economic damages an individual can recover in a medical malpractice action, accounting for a 1.7 percent rate increase annually.
Remember, malpractice claims are complicated, and if you forego legal representation, you could walk away with far less than you deserve. An experienced malpractice attorney can calculate your losses and knows how to negotiate for maximum compensation on your behalf.
Medical Malpractice Statute of Limitations
A statute of limitations is a law that outlines the time an individual has to file legal action. In Missouri, the statute of limitations on medical malpractice cases is two years from the date of the mistake, or the date the patient should reasonably have discovered the mistake. The second part of that deadline is to account for how difficult some mistakes can be to notice at first. For example, you might not discover the consequences of a surgical mistake until months or even years after it occurred. However, the same statute also puts a 10-year maximum deadline on malpractice claims, and there are additional rules for cases involving minors and medical malpractice cases that result in wrongful death.
All that said, you should speak with an attorney as soon as possible to help you meet these stringent legal deadlines. Failing to file a malpractice case within the allotted time frame can result in your case’s dismissal. If that happens, you lose leverage and the ability to use the legal system to recover maximum compensation for your financial losses.
Contact Our Experienced Team At Privette Law Office Today
Moving forward with your life and starting the healing process can be challenging when a trusted medical professional has hurt you. At Privette Law Office, our compassionate medical malpractice attorneys understand your challenges and have the knowledge and resources to support you during this difficult period. Take the time to talk to us during a free consultation, so we can explain your legal rights and how we can help you seek compensation for your injuries.