As a St. Louis Medical Malpractice Attorney practicing in Missouri, I frequently meet with clients who are confused about their legal rights after experiencing potential medical negligence. Continue reading to know the key aspects of Missouri’s medical malpractice laws that every patient should understand.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from accepted standards of care, causing injury or death. This includes surgical errors, misdiagnosis, medication mistakes, and failure to obtain informed consent.
Proving Your Case
To win a malpractice lawsuit, I must establish four key elements:
- Doctor patient relationship existed
- Provider breached the standard of care
- This breach directly caused your injury
- And you suffered actual damages
What is Your Requirement
Missouri requires an affidavit of merit from a qualified medical expert confirming your case has grounds. Expert testimony is typically necessary to prove how the standard of care was breached.
The Legal Process
Time is very critical here!
Missouri’s statute of limitations gives you just two years from the date of the negligent act to file your claim. For wrongful death cases, it’s three years from death. There’s also an absolute ten-year cutoff, regardless of when you discover the malpractice.
The discovery rule applies to hidden errors like foreign objects left in your body where the two year clock starts when you discover the problem.
After reviewing your medical records, I filed a formal complaint, followed by discovery where both sides exchanged evidence. Missouri courts encourage mediation before trial, but if we can’t reach a settlement, we proceed to trial.
Damage Limitations
If you’re partially at fault, your compensation reduces proportionally. The state caps non-economic damages like pain and suffering, but there’s no limit on economic damages such as medical expenses and lost wages.
Who Can Be Held Liable?
Any licensed healthcare provider like doctors, nurses, hospitals, dentists, pharmacists, and any one related can be sued if their conduct falls below accepted standards.
Wrapping Up: My Advice
Missouri’s medical malpractice laws balance patient protection with safeguards against frivolous lawsuits. The strict deadlines and complex requirements make professional legal guidance essential. If you suspect malpractice, don’t wait! Contact an experienced St. Louis Medical Malpractice Lawyer immediately to protect your rights.
