What Is Considered Medical Malpractice in Springfield, MO?
In recent years, medical negligence cases have been on the rise. Over 200,000 people die annually or suffer severe injuries due to medication errors in the US. However, only an average of 20,000 lawsuits are filed.
Medical malpractice occurs when a doctor or other health care providers fail to meet appropriate and reasonable standards of care while performing their duties, resulting in the patient’s injury or death.
It is a legal term that refers to negligence in healthcare. It is generally defined as any deviation from the standard of care that causes injury or death. However, state laws may differ on what constitutes medical malpractice.
Key Elements in Establishing Medical Malpractice
Certain key elements must be present in malpractice cases to establish a valid claim. The following must be present to prove medical malpractice:
Duty
The first crucial element to establish is that a medical professional owes a duty of care to the patient. This duty arises from the inherent relationship between a healthcare provider and a patient. As such, it is generally easy to establish since doctors and other medical professionals must provide competent and appropriate medical care to their patients.
Breach of Duty
The next step involves demonstrating that the medical provider breached their duty of care. This entails showing that the healthcare provider’s actions or omissions deviated from the standard of care expected from a reasonably prudent medical professional in the same situation. Expert testimony and medical guidelines are often utilized to determine the accepted standard of care.
Causation
To successfully prove medical malpractice, it is crucial to establish a causal link between the medical professional’s breach of duty and the patient’s injuries. This requires demonstrating that the breach of duty directly caused or significantly contributed to the harm suffered by the patient. Proximate cause, a close and foreseeable connection between the violation and the injury, is critical in establishing causation.
Injury or Damages
The final element is to provide evidence of actual harm or damages suffered by the patient. It is insufficient to demonstrate that a breach of duty occurred; there must be measurable negative consequences directly resulting from the breach. These damages can include physical pain, emotional distress, financial loss, additional medical expenses, loss of income, diminished quality of life, or other relevant forms of harm.
What Are the Types of Medical Malpractice Cases?
There are many different types of medical malpractice cases. Some of the most common include:
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Birth related injuries
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Delayed treatment for an emergency
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Delayed diagnosis
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Emergency room errors
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Failure to treat
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Hospital negligence
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Improper post-operative care
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Incorrect treatment or medical procedure
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Leaving foreign objects in the body
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Pharmaceutical errors
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Surgical errors (anesthesia)
Cases of medical malpractice in Springfield are complex, as they are everywhere. An experienced medical malpractice lawyer will better understand the laws and how to navigate these cases. Contact Buchanan, Williams & O’Brien to schedule a free consultation.
What Is a Medical Malpractice Lawyer?
Medical malpractice lawyers represent people harmed by medical professionals or institutions while under their care.
The negligence could be caused by the following:
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Health care professionals
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Hospital negligence
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Nursing home abuse
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Other medical professionals
You may be entitled to compensation for medical bills and non-economic damages if you believe your injury was caused by a medical care professional’s mistake.
Contact a reputable malpractice lawyer to see if you have a negligence case, discuss legal options, and review settlement possibilities for recovering compensation. Call Buchanan, Williams & O’Brien legal professionals for a free initial consultation.
What Do Medical Malpractice Attorneys Do?
Medical error lawyers investigate negligence cases to determine if a healthcare professional was negligent.
They often work with other medical experts, such as forensic experts, physicians, and nurses, to comprehensively assess the case. When a doctor is found negligent, a lawyer will argue that the doctor should have acted differently to prevent an injury or death.
An attorney with a thorough understanding of the Missouri wrongful death statutes can be instrumental if you are seeking legal counsel for the untimely death of a loved one.
What Should You Look for in a Medical Malpractice Law Firm in Springfield, MO?
Medical malpractice law firms ensure that the patient’s rights are upheld. The best law firms to contact for medical negligence usually have the following qualities:
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A good reputation and high success rate, including any medical malpractice lawsuit won v. a hospital.
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A team of the best medical malpractice lawyers experienced in different areas of medical negligence law
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Convenient location
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Free consultations for initial consultations
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Reasonable payment options (some are paid on a contingency fee basis)
If you are considering hiring medical malpractice attorneys in Springfield, thoroughly research the firms and find one that fits your needs.
How Long Do You Have to Sue for Medical Malpractice in Missouri?
Missouri’s standard medical malpractice statute of limitations is two years from when it occurred or was discovered. There are cases when the statute of limitations may differ, for example, when a medical device is implanted negligently or improperly, resulting in an injury.
The laws also make notable exceptions for minor children, who have until their twentieth birthday to file a claim.
Additionally, Missouri law prohibits filing a malpractice lawsuit more than ten years after the alleged treatment error, regardless of its type or when it was discovered.
The court could reject a medical malpractice case not filed before the specified deadline. Therefore, contacting a legal professional as quickly as possible is wise. Springfield medical malpractice lawyers can review your claims against healthcare providers and guide you through the legal process.
How to File a Medical Malpractice Lawsuit in Springfield, MO?
Medical malpractice lawsuits usually begin with a consultation with a knowledgeable attorney from a reputable firm.
Our medical malpractice attorneys will review your case and consult with a medical expert. Your lawsuit can only be filed in court if there is a basis to file a personal injury claim. Like most civil cases, medical malpractice cases include discovery, expert review, pretrial motions, and trial.
Do not hesitate to contact experienced malpractice lawyers in Springfield if you have been injured due to medical negligence. You or the person concerned should go to the nearest emergency room in a life-threatening emergency. Afterward, contact our firm to discuss your rights and legal options.
Our attorneys at Buchanan, Williams & O’Brien have successfully handled medical malpractice cases for clients in Springfield for many years. We are committed to providing personalized service and tireless advocacy on behalf of our clients throughout the process.
What Is Comparative Negligence in Medical Malpractice Claims?
Missouri is one of the few states that utilizes a comparative negligence system. It permits personal injury victims to claim damages based on the degree of negligence of the opposing party. This means that your damages are determined by your level of fault versus the medical professional’s responsibility.
In comparative negligence cases, the jury or judge determines the patient’s proportional fault versus the health care professional’s and awards damages accordingly. The healthcare provider could still be liable for some damages even if you contributed to your injuries to some extent.
If, for example, you are found 30% responsible for an injury, you could receive up to 70% of the total damages. So, if the total damages are $250,000, you can recover $175,000.
This is why having an experienced medical malpractice lawyer in your corner is essential. They will investigate the circumstances of your case and gather evidence to prove that the healthcare provider was at fault.
Medical negligence claims in Springfield are complex, and your case could be difficult to win without experienced legal counsel. A skilled Springfield, MO, medical malpractice attorney can provide the legal advice you need to understand your rights and build a strong case.
Buchanan, Williams & O’Brien specializes in malpractice cases involving birth injuries, surgical errors, and misdiagnoses. If you believe a medical professional’s negligence led to an injury or death, contact our office for a consultation. Our experienced medical malpractice lawyers will help you seek justice and compensation for your losses.
Do You Need Springfield Medical Malpractice Lawyers?
If you have been injured by the negligent or intentional act of a doctor, hospital, nurse, pharmacist, or other health care professional, you may be entitled to compensation.
Consider retaining the legal services of a reputable law firm for legal representation in your medical negligence case. The law firm of Buchanan, Williams & O’Brien is dedicated to helping victims of medical malpractice obtain the fair settlement they deserve for their injuries.
We have successfully represented clients in negligence and wrongful death cases. We can provide legal advice on your rights and options. We know all aspects of medical law and can provide legal representation for your malpractice claims in court if necessary.
Contact lawyers who are familiar with Missouri wrongful death statutes. Schedule your free consultation today.
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