It is a difficult and painful experience to suspect that you or a family member has suffered due to the negligence of a medical professional. Medical malpractice happens when a healthcare provider or medical professional fails to meet the accepted standard of care, usually resulting in injury to the patient. If you are a Missouri resident, you should know that you have rights and legal options to seek justice and compensation.
Most Frequent Types of Medical Malpractice
While every medical malpractice case is unique, certain types of errors appear more frequently in legal claims:
- Misdiagnosis or Delayed Diagnosis: This is one of the most common claims. When a doctor fails to accurately identify a condition or delays a diagnosis—especially for serious illnesses like cancer, heart attacks, or stroke—it can allow the disease to progress, making treatment less effective or impossible.
- Surgical Errors: Mistakes made before, during, or after a procedure can have devastating consequences. Some examples are operating on the wrong body part or leaving surgical instruments inside a patient. This also includes causing damage to surrounding nerves or organs.
- Medication Errors: These involve mistakes in prescribing or administering the wrong medicine, such as giving the wrong drug, an incorrect dosage, or failing to account for dangerous drug interactions or patient allergies.
- Birth Injuries: Errors during prenatal care, labor, or delivery can result in serious, lifelong injuries to the newborn. This includes cerebral palsy or brachial plexus injuries. This includes failure to recognize fetal distress or a delay in performing a necessary C-section.
The Essential Evidence for a Strong Claim
To build a strong medical malpractice case in Missouri, you must generally prove four key elements: duty, breach, causation, and damages. This requires assembling compelling evidence.
- Medical Records: These documents form the foundation of your case. You need comprehensive records from all relevant providers, including hospital charts, physician notes, test results (X-rays, MRIs, lab work), surgical reports, and medication logs. These records are critical for demonstrating the care you received and where the alleged breach of the standard of care occurred.
- Expert Medical Testimony: In nearly all medical malpractice cases in Missouri, the law requires the opinion of a qualified medical expert. This is vital to establish what the accepted standard of care was in your situation, how the defendant’s actions breached that standard, and that this breach directly caused your injury. The expert must typically practice in the same specialty as the defendant.
- Documentation of Damages: You must document the financial and personal impact of the injury. This includes medical bills (past and future), evidence of lost wages or lost earning capacity, and documentation of pain and suffering (like personal journals or testimony from family members).
Time is Critical: The Statute of Limitations
It is crucial to act quickly. Missouri has a strict Statute of Limitations—a legal deadline—for filing a medical malpractice lawsuit. Generally, you have two years from the date of the injury to file a claim. Missing this deadline, even by a day, can mean forfeiting your right to seek compensation. Exceptions exist (such as for minors or cases involving a foreign object left in the body), but prompt action is always best.
Get the Professional Guidance You Deserve
If you believe you have been a victim of medical negligence, the thought of taking on a large hospital or insurance company can be overwhelming. You do not have to face this challenge alone. The team at Henry, Williams & Kinder, P.C. is ready to review your case, collect the necessary evidence, and fight tirelessly to protect your rights.
Take the crucial first step toward justice and peace of mind by calling us today at (800) 526-1949 for a confidential consultation.