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Medical malpractice law in Missouri is designed to protect patients who have suffered harm due to the negligence or wrongful actions of healthcare professionals such as doctors, nurses, hospitals, or other medical providers. Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury, worsening of a condition, or even death. These cases can involve surgical errors, misdiagnosis or delayed diagnosis, medication mistakes, childbirth injuries, and other forms of substandard medical treatment. Given the complexity of both medical and legal issues involved, these cases are often challenging for victims to handle without specialized legal assistance.
There are several common situations in which a person may need legal help with a medical malpractice issue in Missouri. If you or a loved one has suffered unexpected complications, injury, or death due to a healthcare provider's actions, you may be unsure whether malpractice occurred or what your rights might be. Some examples of situations where legal help is often necessary include:
A skilled medical malpractice lawyer can help determine whether malpractice occurred, collect evidence, work with medical experts, negotiate with insurance companies, and represent your interests in court.
Missouri medical malpractice law has several features that distinguish it from laws in other states. Here are some key aspects:
Understanding these and other local legal requirements is essential to pursuing a successful claim.
Medical malpractice in Missouri occurs when a healthcare provider fails to deliver care that meets accepted medical standards, and that failure causes harm to a patient.
You typically have two years from the date of the alleged malpractice to file a lawsuit, though there are exceptions in certain cases, such as claims involving minors or late discovery of injury.
If the injury was not reasonably discoverable at the time of treatment, the statute of limitations may be extended. Missouri allows up to two years from the date the injury was discovered or should have been discovered, with absolute deadlines in some cases.
Yes, Missouri law requires an affidavit from a qualified medical expert stating that there was a breach of standard care that caused your harm. This must be filed within 90 days after the lawsuit is initiated.
You may recover economic damages (such as medical bills or lost wages) and non-economic damages (such as pain and suffering). Non-economic damages are subject to caps under Missouri law.
Yes, Missouri follows a pure comparative fault rule. Your compensation can be reduced in proportion to your degree of fault, but you can still recover some damages even if you are found to be mostly at fault.
No, not all unfortunate outcomes are the result of malpractice. The key is whether the standard of care was breached and harm resulted from that breach.
A medical malpractice lawyer can review your medical records and consult with medical experts to determine if you have a worthwhile case.
Most medical malpractice lawyers in Missouri work on a contingency fee basis, meaning you pay no legal fees unless you win compensation.
It is helpful to bring all relevant medical records, bills, names of healthcare providers involved, insurance information, and any correspondence related to your care or injury.
If you need more information or guidance regarding medical malpractice in Missouri, consider these resources:
If you believe you or a loved one has been the victim of medical malpractice in Missouri, start by compiling your medical records, bills, and any notes regarding your treatment or communication with providers. Next, consider contacting an experienced Missouri medical malpractice attorney for a consultation. The lawyer can review your case, explain your rights, and advise you on whether you should pursue legal action. Most initial consultations are free, and your attorney can guide you through the complex process of asserting your rights, meeting legal deadlines, and obtaining fair compensation for your injuries. Acting promptly is important, as strict time limits apply.
