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Medical malpractice can have devastating consequences on people's lives, both physically and financially. A person who has been the victim of medical negligence in Missouri can take legal action against liable parties and recover compensation for their damages, but it's crucial for them to understand their legal rights and the steps involved in filing a lawsuit.
This guide will provide a comprehensive overview of Missouri's medical malpractice laws and the steps involved in the process of filing a lawsuit.
A Summary of the Missouri Medical Malpractice Law
In Missouri, medical malpractice laws are designed to protect patients from acts or omissions that can result in harm or injury and hold healthcare providers accountable for negligent care.
To successfully file a medical malpractice lawsuit, a plaintiff must prove the following elements:
Duty of care: The healthcare provider was legally required to provide reasonable care to the patient due to a duty that arose from the professional relationship between both parties.
Breach of duty: The healthcare provider failed to meet the standard of care, meaning they didn't provide the level of care that a reasonably prudent professional would have provided under similar circumstances.
Causation: The healthcare provider's breach of duty directly caused the patient's injuries.
Damages: The patient sustained actual damages due to the injury, such as medical expenses, lost wages, pain and suffering, and emotional distress.
The Statute of Limitations for a Medical Malpractice Case in Missouri
The statute of limitations for medical malpractice cases in Missouri is generally two years from the date of the injury or from the date of discovery of the injury. However, there are specific rules and exceptions, so it's essential to consult with a medical malpractice attorney in St. Louis to determine the exact deadline.
What Counts as Grounds for a Medical Malpractice Lawsuit in Missouri?
To establish grounds for a medical malpractice lawsuit in Missouri, victims must demonstrate that a healthcare provider's negligence directly caused their injuries.
Common examples of medical malpractice include the following:
Misdiagnosis or delayed diagnosis: This is the failure to accurately diagnose a medical condition, which can lead to serious complications and delayed treatment. For instance, a misdiagnosis of cancer may result in delayed treatment, allowing the disease to progress and spread.
Surgical errors: These are the mistakes that can occur during surgery, such as operating on the wrong body part, causing unnecessary damage to surrounding tissues, or leaving surgical instruments and other objects inside a patient.
Medication errors: They involve administering the wrong medication, incorrect dosage, or failing to monitor medication side effects. These errors can lead to severe adverse reactions, organ damage, or even death.
Failure to obtain informed consent: It refers to not adequately explaining the risks, benefits, and alternatives of a medical procedure. Patients have the right to make informed decisions about their healthcare, and failure to provide adequate information can lead to legal liability.
Failure to provide adequate care: It involves neglecting to provide necessary care, such as failing to monitor a patient's vital signs or administer timely treatment.
Birth injuries: These are the medical errors that occur during childbirth and result in severe injuries to the infant, such as improper use of forceps or vacuum extractors.
Steps to File a Medical Malpractice Lawsuit in Missouri
These are the steps victims have to complete in order to file a medical malpractice suit in Missouri:
Investigate the Case and Identify Potential Defendants
The first step to filing medical malpractice claims is to thoroughly investigate the incident, gather medical records, and identify all potential defendants, including doctors, nurses, hospitals, and clinics. It's important to consult with a medical malpractice attorney to determine the appropriate parties to name in the lawsuit.
Obtain an Affidavit of Qualified Health Care Provider
To proceed with a medical malpractice lawsuit in Missouri, victims must obtain an affidavit from a qualified healthcare provider who can attest that their claim has merit.
This requirement, outlined in Missouri Revised Statutes section 538.225, is crucial for establishing the standard of care and proving negligence. The affidavit must be signed by a provider of health care services who is licensed to practice in the state and who has expertise in the area of medicine relevant to the case.
Serve a Notice of Intent to File a Medical Malpractice Claim
Before filing a formal lawsuit, victims must serve a notice of intent to file a medical malpractice claim against the defendant. This notice must be signed by a qualified medical expert who can testify about the alleged malpractice.
The notice of intent must include specific details about the case, including the alleged negligence, the injuries suffered, and the damages sought.
Collect Evidence, Including Testimonials from Expert Witnesses
Claimants and their legal teams should gather all relevant evidence, including medical records, photographs, witness statements, and expert witness testimony, in order to file a lawsuit against health care providers.
Expert witness testimony is essential in medical malpractice cases to establish the standard of care and prove causation. Professionals' testimonials can provide valuable insights into the appropriate standard of care, whether the healthcare provider deviated from that standard and the causal link between the negligence and the patient's injuries.
However, not every medical professional qualifies as an expert witness. Therefore, it's important to seek legal counsel from a lawyer to determine who can serve this purpose.
Negotiate a Settlement for the Case
In many cases, medical malpractice lawsuits are resolved through settlement negotiations. An experienced attorney can help victims negotiate a fair settlement with the defendant's insurance company.
However, it's important to note that Missouri law doesn't mandate alternative dispute resolution methods, such as arbitration or mediation, before trial. The medical malpractice plaintiff and the defendant can voluntarily choose to pursue any of these options.
File a Complaint and Present the Case to a Judge
If both parties cannot reach a settlement, the case will proceed to trial. A complaint is filed with the court, outlining the allegations of negligence and the damages suffered.
The case will then be presented to a judge and, potentially, a jury who will determine the outcome and awards. That's why claimants need legal representation from an experienced attorney.
The Importance of Finding an Experienced Medical Malpractice Attorney
Navigating the complex legal landscape of medical malpractice can be challenging. Thankfully, a seasoned attorney can provide invaluable guidance and support throughout the process.
Personal injury lawyers with experience in medical malpractice suits can help victims gather evidence, assess the strength of their case, negotiate a fair settlement, or litigate their case in court. They are also able to give guidance on how to file a lawsuit for product liability in Missouri.
Contact Powell Law Firm and Request a Free Case Evaluation
People deserve to be treated by a prudent and careful health care provider in such situations where they're most needed. Unfortunately, some of these professionals don't live up to the standard of care.
Do you believe you or a loved one has been the victim of medical malpractice in Missouri? Contact Powell Law Firm for a free case evaluation today! Our experienced attorneys can assess your situation and determine the best course of action for your case.
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