Best Medical Malpractice Lawyers in Missouri

About Medical Malpractice Law in Missouri, United States

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.

Why You May Need a Lawyer

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:

• Failure to diagnose or misdiagnosis of a serious illness
• Surgical or anesthesia errors resulting in harm
• Wrong medication or dosage prescribed or administered
• Birth injuries to mother or child during labor or delivery
• Lack of informed consent for a procedure
• Negligent post-surgical care or follow-up
• Complications from infections acquired in a hospital

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.

Local Laws Overview

Missouri medical malpractice law has several features that distinguish it from laws in other states. Here are some key aspects:

• Statute of Limitations: In Missouri, victims of medical malpractice generally have two years from the date of the alleged malpractice to file a lawsuit. There are limited exceptions, such as cases involving minors or when the injury is not immediately discoverable (for example, in cases where a foreign object is left inside the body).
• Expert Affidavit Requirement: Missouri law requires plaintiffs to file an affidavit from a qualified healthcare provider confirming that they believe, in good faith, that the defendant failed to provide proper care and that this failure caused the injury.
• Caps on Damages: Missouri law places caps on certain types of damages in medical malpractice cases. As of recent updates, non-economic damages (such as pain and suffering) are capped, but economic damages (such as medical bills and lost wages) are not.
• Comparative Fault: Missouri uses a pure comparative fault system. If you are partially at fault for your injury, your compensation will be reduced as a percentage equal to your share of the fault.
• Sovereign Immunity: Claims against government-run healthcare facilities or employees have special procedures and limitations.

Understanding these and other local legal requirements is essential to pursuing a successful claim.

Frequently Asked Questions

What qualifies as medical malpractice in Missouri?

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.

How long do I have to file a claim?

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.

What if I discovered the injury later?

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.

Do I need an expert to prove medical malpractice?

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.

What damages can I recover?

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.

Can I still recover damages if I was partly at fault?

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.

Are all medical errors considered malpractice?

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.

How do I find out if I have a medical malpractice case?

A medical malpractice lawyer can review your medical records and consult with medical experts to determine if you have a worthwhile case.

How much will it cost to hire a medical malpractice lawyer?

Most medical malpractice lawyers in Missouri work on a contingency fee basis, meaning you pay no legal fees unless you win compensation.

What should I bring to my first meeting with a lawyer?

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.

Additional Resources

If you need more information or guidance regarding medical malpractice in Missouri, consider these resources:

• Missouri Courts - for information on filing claims and court procedures
• Missouri Department of Insurance - for issues related to medical professional liability insurance
• Missouri Bar Association - for lawyer referrals and general legal resources
• Missouri Department of Health and Senior Services - for healthcare facility regulation and complaints
• Legal Aid organizations in Missouri - for those who meet income requirements

Next Steps

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.