If you have sustained an injury as a result of medical malpractice in Missouri, you may be wondering if you can file a personal injury claim. Medical malpractice is a complex and often confusing area of law that requires specialized experience and knowledge. This article will provide an overview of the legal standards and requirements for filing a personal injury claim for medical malpractice in Missouri.
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What Is Medical Malpractice?
Medical malpractice is a type of negligence that occurs when a medical professional fails to provide adequate care, resulting in harm to the patient. The term "medical professional" can refer to a doctor, nurse, dentist, pharmacist, or any other health care provider. To prove medical malpractice, the plaintiff must demonstrate that:
- The healthcare provider had a duty to provide care to the patient
- The provider breached that duty by failing to meet the accepted standard of care
- The breach caused the patient’s injury
- The injury resulted in damages or harm to the patient
The Legal Standard for Medical Malpractice in Missouri
Missouri law requires that medical malpractice claims meet a higher standard of proof than other personal injury claims. According to Missouri law, the plaintiff must obtain expert testimony from a qualified healthcare professional who can testify that the provider’s care did not meet the standard of care, and that this failure caused the patient’s injury.
This means that simply demonstrating negligence or incompetence on the part of the healthcare provider is not enough to prove a medical malpractice claim in Missouri. Instead, the plaintiff must prove that the provider’s actions fell below the standard expected of healthcare professionals, and that this breach caused the plaintiff’s injury.
What Damages Can I Recover?
If you successfully prove a medical malpractice claim in Missouri, you may be entitled to recover compensatory damages. These damages are designed to compensate you for your losses and can include:
- Medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability or disfigurement
Missouri law also permits the recovery of punitive damages in cases of egregious or willful misconduct. Punitive damages are designed to punish the defendant and deter others from engaging in similar conduct.
What Is the Statute of Limitations in Missouri?
Like other personal injury claims, medical malpractice claims in Missouri are subject to a statute of limitations. This means that you have a limited amount of time to file a claim or you risk losing your right to seek compensation. In Missouri, the statute of limitations for medical malpractice claims is two years from the date of injury.
However, there are some exceptions to this rule. For example, if the injury was not immediately apparent, the statute of limitations may not begin to run until the injury was discovered or should have been discovered. Additionally, minors may have additional time to file a claim.
Why You Need an Experienced Attorney
Proving medical malpractice can be a difficult and complex process. If you have been injured due to medical malpractice, it is important to consult with an experienced personal injury attorney who can help you navigate the legal system and fight for the compensation you deserve.
An experienced attorney can help you gather the necessary evidence to support your claim, including obtaining medical records and expert testimony. They can also negotiate with insurance companies to ensure that you are offered a fair settlement. Additionally, if your case goes to trial, an attorney can represent you in court and argue your case to a judge or jury.
Conclusion
If you have been injured due to medical malpractice in Missouri, you may be entitled to compensation for your losses. However, proving medical malpractice can be a complex and challenging process. Working with an experienced personal injury attorney can help ensure that your rights are protected and that you receive the compensation you deserve.