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Pharmaceutical Negligence Lawyers in Springfield, MO
Medical malpractice claims can arise due to any of the following:
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Pharmacist, doctor, or other healthcare worker errors,
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Defective or dangerous prescription drugs
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Adverse drug reactions
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Wrong doses or types of medicine
If you or a loved one falls victim to pharmaceutical errors, you can file a pharmaceutical negligence lawsuit against the responsible medical professionals and recover damages.
However, medical malpractice cases can be complex, requiring in-depth knowledge and experience with personal injury and medical malpractice law. Trying to determine your expenses and damages can also be challenging.
We have years of experience helping clients injured due to medical malpractice in recovering compensation. We are familiar with the nuances of medical malpractice and personal injury claims of all kinds.
A medical malpractice lawyer is qualified to assess your claim and fight to get you the compensation you deserve. The Buchanan, Williams, & O’Brien experienced malpractice lawyers in Springfield are ready to help.
How Do I Know If I Have a Medical Malpractice Case?
If you have been injured by a healthcare provider who owed you a duty of care and breached that duty, there could be a medical malpractice case.
Establishing the duty of care and the standard of care can be challenging.
It is often necessary to lead expert evidence. Highly qualified practicing medical specialists are called to determine whether there was a deviation from standard medical practice. If so, they determine whether this deviation qualifies as medical malpractice.
Telling signs of medical malpractice or negligence can include:
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The hospital or healthcare provider informs the patient that they made a mistake
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The healthcare provider did not explain the risk of the procedure or the medication prescribed in advance.
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An unpredicted outcome from a procedure, prescription, or treatment
Before proceeding with a medical malpractice lawsuit, you must adequately research the facts and medical norms, which can be expensive. At Buchanan, Williams & O’Brien, we offer a contingency fee for medical malpractice cases so that you only pay us if we win your case!
Potential Pharmaceutical Negligent Practices
Some common pharmaceutical negligence practices can be grounds for a personal injury claim. These include:
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Incorrect labeling, causing the patient to be given the wrong drug
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Overlooking drug side effects pertinent to the patient’s medical history
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Prescribing the incorrect drug for the case
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Prescribing the incorrect dosage for the particular patient
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Prescribing dangerous combinations of drugs which cause complications
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Surgical errors
Any medical mistakes could potentially injure or even kill a patient. Such a mistake constitutes medical malpractice and deserves to be sued.
We hold medical professionals accountable in medical malpractice lawsuits. Accountability should follow where there are any acts of omission and harmful results.
How Long Do I Have to File a Medical Malpractice Claim?
The statute of limitations for medical malpractice claims varies in different states.
In Missouri, a plaintiff has two years from when the alleged negligence occurred to file a claim for medical malpractice.
Failure to file within this period will probably prevent you from pursuing a claim. However, there are exceptions.
When a medical device or foreign objects are implanted negligently or improperly, the statute of limitations period only starts after the discovery. Moreover, minor children have until their twentieth birthday to file a claim.
You cannot file a medical malpractice lawsuit in MO more than ten years after the alleged treatment error. This is regardless of its type or when it was discovered.
Proving Liability in a Medical Malpractice Claim
In a medical malpractice claim, you need to prove negligence. The following are the four essential elements required to prove medical or pharmaceutical negligence:
1. Duty of care
Nurses, doctors, pharmacists, and other healthcare workers all owe a duty of care to their patients.
2. Standard of Care
The medical provider did not provide the relevant standard of care. You can provide evidence to prove this failure, including:
- Expert testimony
- Hospital manuals
- Training curriculums
- Federal and state regulations
You need to establish the appropriate standard of care and then prove that the service provider failed to reach that standard.
3. Sustaining an injury
Injuries need to be proven. Some are easier to prove, such as surgical complications and errors. Others, such as a delayed diagnosis or improper treatment, are harder to prove.
4. Cause of the Injury
The injury must have been caused by incompetent conduct. This is a difficult element to prove. The defendant might argue that other factors caused the patient’s condition.
Joint Liability in Medical Negligence Cases
Joint liability is also known as comparative negligence. It is not applicable in all states, but it is in Missouri.
When both parties were negligent, their degrees of negligence are assessed, and the plaintiff’s compensation is decreased by the percentage of their negligence.
For example, if the claim is $1,000,000, and the victim’s negligence is assessed at 25 percent, the medical professional would only be liable for 75 percent of the damages ($750 000).
What Types of Damages Can Be Recovered in a Medical Negligence Claim?
General, special, and, rarely, punitive damages can be awarded in a medical negligence action.
General damages include compensation for:
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Effects of long-term or permanent disability
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Mental and physical pain and suffering
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Loss of enjoyment of life
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Inability to pursue hobbies or participate in activities
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Loss of consortium
Special damages are also known as economic damages and include:
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Medical bills
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Anticipated future medical bills
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Time missed at work
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Other lost income
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The inability of the patient to earn a living in the future
Our Springfield Medical Malpractice Lawyer Can Help
You may have suffered an injury due to medical or pharmaceutical errors. Perhaps you or a loved one is the victim of a harmful medical procedure or medicine. At Buchanan, Williams & O’Brien, experienced medical malpractice attorneys work hard to bring our clients the justice they deserve.
Our medical malpractice lawyers can help you establish strong evidence of the medical negligence injuries you suffered, assess your damages, and represent you in court.
We understand that hiring medical malpractice lawyers can be costly. That’s why working with us will not cost you a single dime until you are compensated.
Contact us today and allow us to assist you in recovering compensation.
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