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Filing a Medical Malpractice Lawsuit in Missouri
Medical Malpractice, also commonly referred to as medical negligence, occurs when a medical professional fails to competently perform their duties which results in personal injury that otherwise would have been avoided. In these cases, it’s not just certified doctors who owe you a medical duty or certain standard of care; you can be the victim of medical malpractice due to the negligence of nurses, dentists, technicians, and more.
Four elements of negligence must be proven in court in a medical malpractice case:
- The medical professional owed the plaintiff a duty of reasonable care
- The medical professional breached that duty of care
- The plaintiff suffered an injury as a result
- The injury was caused by the medical professional’s negligence
There are many other factors that need to be taken into consideration, such as your current medical wellbeing and whether your care would’ve been defined as emergency treatment.
Under Missouri law, you must file within two years of the discovery of the injury, but this can get complicated to determine; therefore, it’s essential to contact a medical malpractice lawyer in St. Louis, MO, to protect your rights as soon as you suspect medical negligence played a part in your injury.
Justice is important to Amanda Hayden. The Hayden Law Firm takes a tough but compassionate approach to recovering compensation for pain and suffering, disability damages, and cost of future medical treatments.
Types of Medical Malpractice Cases We Take On
We believe that you deserve to be treated with compassion, respect, and the highest standard of care — not just when working with us but in all facets of your life, especially medical care. We take on cases we believe in.
Common types of medical malpractice cases we handle include:
- Failure to diagnose – Occurs when the medical professional fails to diagnose a condition and therefore it goes untreated altogether. Examples include the medical professional failing to accurately chart a patient’s symptoms, not paying enough attention to a patient’s symptoms, etc.
- Misdiagnosis – Occurs when the medical professional incorrectly diagnoses a patient and the condition worsens. Examples include the medical professional not gathering all the information they need, not performing a thorough examination, etc.
- Surgical errors – Occurs when the medical professional makes a preventable error during the duration of the surgical procedure that may lead to a worsening condition. Examples include leaving foreign objects inside the body, carrying out a medically unnecessary surgery that injures a patient, etc.
- Medication errors – Occurs when the medical professional makes an error in the prescription process that could lead to severe reactions or side effects. Examples include the prescription being written incorrectly, called in incorrectly, etc.
- Failure to monitor – Occurs when a medical professional fails to follow up with patients who’ve had a surgery or completed treatment for an illness. Examples include missing warning signs of a worsening condition, development of different medical issues, etc.
- Lack of informed consent – Occurs when the medical professional does not obtain patient’s informed consent before beginning treatment. Examples include the medical professional not discussing the risks with the patient, not ensuring the patient understands the potential complications, etc.
- Childbirth injuries – Occurs when a medical professional makes a mistake at any point before, during, and after a birth that results in injury to mother or child. Examples include brachial plexus, fetal distress syndrome, etc.
- Wrongful death – Occurs when a medical professional commits an error that results in the death of a loved one. Examples include death resulting from a surgical procedure, improper treatment, etc.
When you bring a claim for any one of these mistakes, you are not only holding the people accountable for their actions, but you are taking steps to ensure that no one else gets hurt after you.
Who Can Be Held Liable for Medical Malpractice?
If a patient’s right to receive honest and adequate medical care is infringed upon, a number of people can be held accountable for these actions, including:
- X-ray technicians
- Facility staff
- Rehabilitation centers
- Other medical providers
Beyond just paying a monetary price for their negligence, these individuals or entities can face other severe repercussions including significant fines, revocation of medical licenses, loss of job, and more. If a medical personnel’s negligence caused or contributed to a patient’s condition becoming permanent, or resulted in the patient’s death, the medical personnel could face jail time.
Depending on the circumstances, one or multiple parties above could be liable. For example, if the medical professional was operating as an employee of a hospital, both the negligent medical personnel and the hospital can be held responsible for a victim’s damages. This often means big insurance companies will be getting involved, which is why you need the help of a St. Louis personal injury lawyer.