How Medical Malpractice Settlements Are Calculated in Missouri

Medical malpractice accidents take a toll on the victim's physical and mental health. Not only did they have another problem apart from the one they were already suffering from, but they also received damage from the person they were supposed to trust.

To get the fairest settlement possible, patients must hire a lawyer who understands how these cases work. They will handle the situation with all the care it needs and build a strong legal strategy. Now, how much can an attorney help victims in this situation?

Even if they win the case, it's normal for victims to worry about the amount of money they will receive. Medical bills are expensive, and patients have to undergo a whole new treatment besides the one they were already going through.

This page explains how medical malpractice settlements are calculated in Missouri. Although each case is different, this will give patients an idea of the money they could receive after filing a claim.

The Powell Law Firm works with experienced medical malpractice lawyers in St. Louis, Missouri. Victims can schedule a free consultation with one of them by calling the firm. They can help with how workplace accident settlements are calculated in Missouri as well.

Breaking Down How Medical Malpractice Cases Work

Determining liability in medical malpractice cases differs slightly from what happens in other personal injury claims. A series of conditions must be met for a health professional to be responsible for this kind of accident.

However, what is medical malpractice in the first place? Legally, it's the type of negligence where a medical practitioner fails to take proper care of a patient, which results in injuries or damage.

To file a medical malpractice lawsuit, the victim must prove the doctor or nurse owed a duty of care to the patient. In most cases, this only requires them to show they were their patients, as that duty of care is generally assumed in doctor-patient relationships.

After they prove that the duty of care existed, it's up to them to show there was a breach of that duty. This includes violating the standard of care that competent medical professionals would provide under similar circumstances to the case. Some examples of that are mistakes in surgery, treatment, medication, or diagnosis.

Even if there was medical negligence, there has to be a link between the breach of duty and the injury or harm the victim went through. There must be no scenario in which the injury could have happened if the healthcare provider had followed the proper standard of care. In that matter, the patient has to suffer actual damages due to the malpractice for the case to go on.

Medical malpractice damages go beyond just physical damages. It includes emotional and financial harm as well.

What Works as Evidence in a Medical Malpractice Claim?

Many things can serve as evidence in alleged malpractice claims. Medical records are a great example. They have a detailed summary of the patient's medical history, surgeries, diagnoses, and treatments. With them, a medical malpractice attorney can establish a clear timeline of the events, medical decisions, errors, and omissions related to the case.

Due to the complexity of some medical malpractice cases, patients often have to call expert witnesses to explain health standards and how the defendant failed to meet them. Hospital guidelines, textbooks, research papers, and clinical protocols will help, too.

The judge will almost always need to hear testimony from the victim, if possible. They will have to explain their symptoms before and after the accident and other details related to their injuries. Other witnesses, such as family members or friends, can testify as well.

Physical evidence is crucial in more medical malpractice cases than people think. This includes photos and documentation of physical injuries and medical equipment. Lawyers can ask for surveillance footage and audio recordings.

In cases of wrongful death, autopsy reports will clarify the medical errors that could have contributed to the patient's injuries.

When a case starts, personal injury attorneys in St Louis MO should outline a general strategy with the main pieces of evidence they should get for the trial or to negotiate medical malpractice insurance.

How Medical Malpractice Settlements Are Calculated in Missouri

Calculating medical malpractice payouts is complex. People need to understand the damages they received due to the accident and all the factors that could increase or reduce their compensation.

The severity of the injury, the type of negligence of the professional, and available insurance coverage are some of the things the victim will have to consider for the case. Generally, it's all about calculating economic and non-economic damages.

Here's a breakdown of both terms:

Economic Damages

Legally, economic damages refer to the quantifiable financial losses the patient suffered due to the medical malpractice accident. They have a physical representation and are objectively measured.

Future medical expenses are an example of economic damage. They include the cost of the additional treatment the victim now needs because of the accident. People can measure this with hospital bills and doctor estimates.

Victims can also get compensation for their lost wages. This stands for the money they are not going to be able to make due to the injury. This, of course, if it doesn't let them work as they would normally do it.

Apart from direct medical expenses, such as corrective surgeries, hospitalization, and medication, patients can claim compensation for the cost of future care. The law uses this to help patients who will need long-term care.

Non-economic Damages

Unlike economic damages, non-economic damages are not objectively quantifiable. They don't have a physical representation and mostly depend on factors people can't measure directly. Mostly, this covers physical pain, emotional distress, and psychological trauma.

The legal term "pain and suffering" is used to describe the emotional and physical pain the injury caused the patient. However, the victim can seek compensation for other damages, such as loss of consortium or loss of enjoyment of life as well.

How can people calculate non-economic damages if they are unquantifiable? Well, there are several methods available for the job. First, courts can assign a daily value to the emotional and physical suffering of the patient and multiply that by the number of days they suffer from the injury.

In other cases, people can assign a number - generally between two and five - and multiply it by the total amount of economic damages. The number the court picks depends on the severity of the accident. Catastrophic injuries will always cost more, as the medical treatment to heal from them is more expensive.

It's worth noting that Missouri has a cap on non-economic damages for medical malpractice cases. In most situations, victims can get up to $450,000. When dealing with more serious injuries or a wrongful death claim, the cap increases to roughly more than $780,000.

Punitive Damages

Besides economic and non-economic damages, people can also get compensation in the form of punitive damages. They include financial support if the negligence and wrongdoing of the plaintiff were intentional.

The idea of punitive damages is not to help the victim but to punish the medical professional to avoid misconduct in the future. An example of this is when doctors misdiagnose a physical condition for financial gain.

What Is the Average Medical Malpractice Settlement in Missouri?

It's difficult to get an average of how much patients get from medical malpractice settlements, as all cases depend on a wide variety of factors. Below are some estimates, but it's always ideal to ask this kind of question to a lawyer.

When the patient suffers from minor injuries, the settlement could range from $10,000 to $100,000. Victims with severe or permanent damage could even get millions of dollars.

How to Start a Medical Malpractice Claim

The first step to starting a medical malpractice claim is to call a lawyer and schedule a free consultation. They will study the case and give the victim a general overview of how it could go.

After that, the lawyer can seek evidence to file a formal complaint to the court. Then, a process server should send a copy of the claim to the defendant for them to respond. If they choose to contest, both parties can start settlement negotiations.

The idea of negotiating is to avoid the hassle that going to trial represents. Besides that, it ensures the victim a part of what they asked for. While this is not mandatory, it's a more straightforward way to settle legal matters.

Final Thoughts

Medical malpractice claims are complex and require careful attention to detail, evidence, and expert legal representation. The financial compensation for victims of medical negligence varies depending on factors, such as the severity of the injury, the type of malpractice, and the available insurance coverage.

While economic damages are more straightforward to calculate, non-economic and punitive damages can be harder to quantify but still play a significant role in determining the settlement. Understanding how these factors work together makes these cases less overwhelming for the victim.

Patients suffering due to medical malpractice in Missouri can call the Powell Law Firm today. The lawyers from this firm will guide them through this process and get them the compensation and justice they deserve.