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Do you believe you or someone you love has been the victim of medical malpractice in St. Louis, Missouri? An experienced St. Louis medical malpractice lawyer from Goldblatt + Singer is passionate about bringing negligent hospitals and physicians to justice in the face of preventable injuries or wrongful death.
Contact us online or call us at (314) 231-4100 and our law firm will immediately go to work on your case. Our legal team will make sure your claim gets the legal attention it deserves. Our St. Louis personal injury lawyers receive positive testimonials because they can get compensation results for clients like you.
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or harm to a patient. This deviation can take many forms, including misdiagnosis, surgical errors, medication mistakes, and failure by medical providers to provide adequate follow-up care. Understanding the complexities of medical malpractice is essential for victims seeking justice and compensation. A medical malpractice lawyer from Goldblatt + Singer can help you get the justice and compensation that you deserve.
Errors by doctors or other medical professionals can take many shapes and forms. Anything that falls outside the accepted standards of care within the medical industry resulting in patient harm can qualify as a medical error or malpractice in the courts of Missouri.
When in doubt, talk to our St. Louis medical malpractice attorneys about whether you’re the victim of medical malpractice. An investigation could uncover signs of medical negligence here, especially if any of the following circumstances resulted in you or a loved one’s injuries:
Misdiagnosis or delayed diagnosis can have severe consequences for patients. When a doctor fails to correctly diagnose a condition, the patient may receive incorrect or delayed treatment, leading to a worsening of the condition or even death. Commonly misdiagnosed conditions include cancer, heart attacks, strokes, and infections. An accurate and timely diagnosis is crucial for effective treatment.
Surgical errors are among the most alarming types of medical malpractice and account for one-quarter of all claims against negligent care providers. These can include operating on the wrong site, leaving surgical instruments inside the patient, or causing unintended damage to organs and tissues. Such errors can lead to severe complications, infections, prolonged recovery times, and additional surgeries.
Medication errors involve administering the wrong drug, incorrect dosages, or failing to account for a patient’s allergies or potential drug interactions. These mistakes can result in adverse reactions, worsening of the condition, or even death. Accurate prescribing and dispensing of medications are fundamental responsibilities of healthcare providers.
Birth injuries can occur due to negligence during prenatal care, labor, or delivery. These injuries may affect both the mother and the newborn, leading to long-term health issues. Common birth injuries include cerebral palsy, Erb’s palsy, and brain damage. Proper monitoring and timely interventions are critical to ensuring safe childbirth.
Anesthesia errors can be extremely dangerous and often result in severe outcomes. These errors might involve administering too much or too little anesthesia, failing to monitor the patient’s vital signs, or not recognizing potential complications. Consequences can range from minor side effects to permanent injury or death.
Failure to treat occurs when a healthcare provider correctly diagnoses a condition but fails to provide appropriate treatment. This can happen due to neglect, miscommunication, or inadequate follow-up care. Patients may experience deterioration of their condition, unnecessary suffering, or avoidable complications.
To establish a medical malpractice claim, a medical malpractice lawyer will look to see that these elements are proven:
1. Duty of Care: A doctor-patient relationship must exist, establishing that the healthcare provider owed a duty of care to the patient. This relationship is typically straightforward to prove, as it is based on the fact that the patient sought medical advice or other medical treatment from the provider.
2. Breach of Duty: The healthcare provider must have breached the standard of care. This means their actions or omissions fell below the accepted medical standards. Expert testimony is often required to demonstrate what a competent medical provider would have done under similar circumstances.
3. Causation: There must be a direct link between the breach of duty and the patient’s injury. It must be shown that the provider’s negligence caused the harm. This can be challenging to prove, especially if the patient’s condition was complex or had multiple contributing factors.
4. Damages: The patient must have suffered actual damages as a result of the malpractice. These can include medical expenses, lost wages, pain and suffering, and other costs related to the injury. Without demonstrable damages, a medical malpractice claim cannot succeed.
Navigating a medical malpractice claim involves several steps:
1. Consultation with a Personal Injury Attorney: The first step is to consult with an experienced medical malpractice attorney. The attorney will review your medical records, listen to your account of the medical negligence incident, and determine if you have a viable claim. They will also explain the legal process and your rights when it comes to medical negligence claims.
2. Gathering Evidence: Your attorney will gather evidence to support your medical malpractice claim. This includes obtaining medical records, diagnostic images, and other relevant documents showing possible medical errors. An expert witness, usually a medical professional, will be enlisted to provide testimony regarding the standard of care and how it was breached.
3. Filing the Complaint: Once sufficient evidence is gathered, your attorney will file a medical negligence complaint against the healthcare provider. This legal document outlines your allegations and the basis for your claim. The defendant (the healthcare provider or their insurance company) will then be served with the complaint by your medical malpractice lawyers or our legal team.
4. Discovery: During the discovery phase, both parties exchange information relevant to the case. This includes depositions, interrogatories, and requests for documents. Discovery allows each side to understand the other’s arguments and gather additional evidence.
5. Settlement Negotiations: Many medical malpractice cases are settled out of court. Your attorney will negotiate with the defendant’s legal team to reach a fair settlement. If an agreement is reached, the case is resolved without going to trial. Settlements can save time, reduce costs, and provide quicker compensation.
6. Trial: If a settlement cannot be reached, the case will go to trial. Both sides will present their arguments, evidence, and expert testimonies before a judge or jury. The judge or jury will then decide if the healthcare provider was negligent and, if so, determine the amount of compensation to be awarded.
Victims of serious medical errors or malpractice may be entitled to various types of compensation:
1. Economic Damages: Economic damages cover tangible losses, such as medical expenses, rehabilitation costs, and lost wages. These are relatively straightforward to calculate and are based on actual financial losses incurred due to the malpractice.
2. Non-Economic Damages: Non-economic damages compensate for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more subjective and can vary widely depending on the severity of the injury and its impact on the patient’s life.
3. Punitive Damages: In some cases, punitive damages may be awarded to punish particularly egregious behavior by the healthcare provider and deter similar conduct in the future. Medical malpractice cases rarely include punitive damages, which are typically reserved for intentional harm or gross negligence.
Expert witnesses play a crucial role in medical malpractice cases. An expert witness testifies about the standard of care, how it was breached, and the harm to the patient. Expert witnesses are usually medical professionals with extensive experience in the relevant field. Their testimony can help establish the plaintiff’s claims’ credibility and clarify complex medical issues.
Medical malpractice cases are often complex and challenging to prove. Several factors contribute to these challenges:
1. Medical Complexity: Medical issues can be highly technical and difficult for laypeople to understand. Expert testimony is essential to explain these complexities to the judge or jury.
2. Proving Causation: Establishing a direct link between the healthcare provider’s negligence and the patient’s injury can be difficult, especially if the patient’s condition has multiple contributing factors.
3. Defensive Medicine: Some healthcare providers practice defensive medicine, ordering unnecessary tests or procedures to protect themselves from liability. This complicates the evaluation of whether the standard of care was breached.
4. Statute of Limitations: Medical malpractice claims are subject to strict time limits, known as statutes of limitations. In Missouri, the statute of limitations for medical malpractice is typically two years from the date of the alleged negligence. However, there are exceptions, such as cases involving minors or where the injury was not immediately discoverable.
5. Insurance Companies: Insurance companies often vigorously defend against the medical malpractice claims of victims. They have significant resources and legal expertise, making it essential for plaintiffs to have representation from experienced medical malpractice attorneys.
If you believe you have been a victim of medical malpractice, taking the following steps can help protect your rights:
1. Seek Medical Attention: Your health should be your top priority. Seek medical attention to address any injuries or complications resulting from the malpractice. This also ensures there is a documented record of your condition.
2. Obtain Your Medical Records: Request copies of all your medical records, including test results, treatment plans, and notes from healthcare providers. These records are crucial evidence in a medical malpractice case.
3. Document Your Experience: Write down your account of the incident, including dates, times, and any conversations with healthcare providers. This can help refresh your memory and provide valuable details to your attorney.
4. Consult an Attorney: Contact an experienced medical malpractice lawyer to discuss your case. They can evaluate your situation, advise you on your legal options, and help you navigate the complex legal process.
5. Avoid Discussing Your Case: Refrain from discussing your case with anyone other than medical malpractice attorneys. This includes social media posts or casual conversations. Opposing parties can potentially use anything you say against you in medical malpractice claims.
At Goldblatt + Singer, we understand the devastating impact medical malpractice can have on victims and their families. Our experienced medical malpractice attorneys help you seek justice and obtain the compensation you deserve. We provide compassionate, personalized legal services and representation, guiding you through every step of the legal process.
1. Comprehensive Case Evaluation: A medical malpractice attorney will conduct thorough evaluations of your case, reviewing medical records, consulting with expert witnesses, and assessing the full extent of your damages.
2. Aggressive Representation: St. Louis medical malpractice attorneys are skilled negotiators and litigators committed to fighting for your rights. Whether through settlement negotiations or trial, we strive to achieve the best possible outcome for your case.
3. Support and Guidance: Our medical malpractice lawyers understand that dealing with the aftermath of a medical malpractice lawsuit can be overwhelming. We offer support and guidance, answering your questions and keeping you informed throughout the process.
4. Contingency Fee Basis: Our St. Louis medical malpractice lawyers work on a contingency fee basis, meaning you pay no legal fees unless we recover compensation for you. This allows you to pursue medical malpractice claims without financial stress.
What do we do if we find signs of medical malpractice? Our legal team can go up against large hospitals, corporations, and their insurance companies in our St. Louis medical malpractice lawyers’ pursuit of fair compensation. We have decades of experience handling even the most complex medical malpractice claims and want to help you. Call Goldblatt + Singer or submit our online contact form to talk to a St. Louis medical malpractice lawyer today.