If you’re dealing with an illness or injury caused by your doctor, and wondering if your poor medical treatment qualifies as malpractice in Missouri, you are not alone. Some estimates say as many as 1 in 10 patients will experience an occurrence of medical malpractice in their lifetime. It is also estimated that somewhere between 250,000 and 400,000 deaths result each year from medical malpractice, and an estimated 85,000 medical malpractice lawsuits are filed each year.
Recognizing what constitutes medical malpractice can be confusing, especially when you’re unsure if your healthcare provider acted purposefully, or merely acted negligently, and what the difference is. Not all bad experiences at medical facilities qualify as a good medical malpractice case. For example, there must be ascertainable “damages” that have been suffered – a mistake that causes no damage does not make a good medical malpractice case.
This guide highlights many key facts regarding your legal rights, the signs of malpractice, and the steps to take if you suspect medical malpractice has occurred.. Understanding such information is helpful if you are seeking to hold negligent providers accountable and getting the compensation you deserve. The most important thing you can do is hire the right attorney if you have been the victim of medical malpractice. Our Springfield, Missouri medical malpractice attorney at The Piatchek Law Firm is available to assist you if you believe you have been the victim of medical malpractice.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to provide the care a reasonable professional would provide under similar circumstances. This includes either careless or negligent actions and failures to act when necessary.
It is essential to distinguish medical malpractice from situations where complications arise despite proper care. Not every medical mistake is considered negligence. Malpractice only applies when a provider’s actions deviate from the expected standard of care, and that deviation results in the patient being harmed.
Common forms of malpractice include such situations as:
- Miscommunication or errors in judgment during treatment
- Failure to diagnose, misdiagnosis, or delayed diagnosis
- Ignoring a patient’s specific needs or symptoms
- Surgical errors
- Birth trauma
- Medication errors or anesthesia errors
- Failure to treat
- Informed consent violations
- Unnecessary surgery or performing the wrong operation
- Emergency room errors
- Failure to order tests, or misreading of test results
- Defective medical devices
- Failure to monitor
- Failure to prevent infections
- Inadequate post-operative follow-up
The above list is not an exhaustive, complete list of all types of medical malpractice, however, the list does contain many of the most common types of medical malpractice.
What Counts as Malpractice in Missouri?
In Missouri, certain key situations are often seen as malpractice. These include:
- Lack of informed consent. When a patient is not fully aware of the risks, benefits, or alternatives to a treatment or procedure and suffers harm as a result.
- Misdiagnosis or failure to diagnose. Incorrectly identifying or missing an illness, leading to delayed or improper treatment.
- Surgical and procedural errors.Mistakes during surgery, such as operating on the wrong site or leaving tools in a patient’s body, or making general errors that cause harm.
- Medication mistakes. Prescribing or administering the wrong medication or dosage.
- Failure to follow up. Neglecting to monitor a patient’s progress after treatment or surgery.
- Negligent oversight. Not responding to emergencies or complications on time.
These errors go beyond an acceptable risk for a patient, and if the above actions cause the patient harm, such actions may be considered medical malpractice.
Legal Criteria for Medical Malpractice in Missouri
To prove medical malpractice in Missouri, four main elements must be established:
- Duty of Care: The healthcare provider had a responsibility to treat a patient in a competent manner.
- Breach of Duty:The provider failed to meet the standard of care expected in the situation.
- Causation: The healthcare provider’s breach of duty (wrong action, failure to act) caused the patient harm.
- Damages:The patient suffered injuries or financial loss due to the negligence.
Missouri law also requires an “Affidavit of Qualified Health Care Provider” for malpractice claims. This document confirms that a medical expert has reviewed the case and believes the provider deviated from standard care. Negligence is assessed by comparing what the provider did against what another competent provider would have done in the same situation.
Statute of Limitations
In Missouri, victims must file a medical malpractice claim within a specific timeframe:
- General rule: Two years from the date of the incident.
- Exceptions: For cases involving minors or hidden negligence (such as a surgical tool left inside the body) that does not get discovered until later, the timeline may be extended.
Failure to meet these deadlines can result in losing the right to file a case and pursue compensation, so it is important to act promptly.
Missouri’s Damages Cap in Medical Malpractice Cases
Missouri has limits on how much a victim can receive in non-economic damages, which include compensation for pain, suffering, or emotional distress:
- For general injuries: $400,000, adjusted yearly for inflation.
- For catastrophic injuries or wrongful death:A higher cap applies.
These caps protect healthcare providers from what might be seen as excessive lawsuits while still compensating victims. However, they can also limit the amount received by patients who genuinely suffered due to negligence.
Proving a Medical Malpractice Claim in Missouri
Building a strong malpractice case requires collecting solid evidence, such as:
- Medical records showing the treatment provided.
- Testimonies from other medical professionals who can confirm that the standard of care was breached.
- Witness statements from family members or others who observed the effects of the negligence.
- Being able to demonstrate a large amount of damages caused by the negligence.
It is highly recommended that you work with a skilled medical malpractice attorney. They can help gather evidence, consult experts, and present a compelling case.
Steps to Take if You Suspect Medical Malpractice
If you believe you’ve been a victim of malpractice, it would be advisable to do the following:
- Preserve evidence: Collect all medical records, bills, and other relevant documentation.
- Consult an attorney: Speak to a lawyer experienced in medical malpractice cases to evaluate your situation.
- Act quickly: Respect the legal deadlines for filing a claim to ensure your case remains valid.
These actions can help you protect your rights and increase the likelihood of a successful claim.
Know Your Rights: Taking Action Against Medical Malpractice in Missouri
If you have questions about this issue, a personal injury lawyer in Springfield, MO can help you understand the legal risks and the best path forward.
Medical malpractice is a serious issue that can have life-changing consequences for patients and their families. In Missouri, it’s important to understand what situations rise to the level of medical malpractice so that you know when legal action may be appropriate. If you suspect negligence, don’t hesitate to seek the help of our experienced Springfield, Missouri medical malpractice attorney at The Piatchek Law Firm, in order to explore your options. Recognizing your rights is the first step toward holding healthcare providers accountable and seeking fair compensation.
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