When patients seek medical care, they expect to receive quality treatment and attention from their healthcare provider. However, sometimes things go wrong, and patients suffer injuries or complications from medical procedures. In such cases, patients may be eligible to file a medical malpractice claim to seek compensation for their damages.
In Missouri, personal injury laws govern medical malpractice claims, which means that certain procedures and limitations must be followed to file a viable claim. Understanding the state’s personal injury laws can help patients and their families navigate the process of seeking justice for medical negligence.
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What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional fails to provide care that meets an accepted standard of practice, and a patient is injured as a result. Medical malpractice can happen in a variety of settings, including hospitals, clinics, doctor’s offices, and nursing homes.
Examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Anesthesia errors
- Failure to obtain informed consent
Filing a Medical Malpractice Claim in Missouri
To file a medical malpractice claim in Missouri, the injured patient or their family must follow specific procedures and meet certain requirements. Here’s what you need to know:
The Statue of Limitations
The statute of limitations for medical malpractice cases in Missouri is two years from the date the injury occurred or when the injury became reasonably discoverable. If the patient fails to file a claim within this time frame, they may lose their right to seek compensation.
Affidavit of Merit Requirement
Missouri law requires the injured patient or their attorney to file an affidavit of merit with the court as part of the malpractice claim. The affidavit must be signed by a qualified healthcare professional who practices in the same field as the accused defendant. This professional must state that they have reviewed the patient’s medical records and believe that the case has merit.
Expert Witness Testimony
In Missouri, expert witness testimony is required in medical malpractice cases to prove that the healthcare professional’s negligence caused the injury or harm to the patient. An expert witness can be a qualified healthcare professional who practices in the same field as the accused defendant and has experience testifying in court.
Comparative Negligence
Missouri is a comparative negligence state, which means that a patient can still recover damages even if they were partially responsible for their injuries. However, their award will be reduced by their percentage of fault.
Damage Caps
Missouri places a cap on the amount of money that patients can receive in non-economic damages, such as pain and suffering or emotional distress. The limit for medical malpractice cases is $400,000.
Why Seek Legal Help for Medical Malpractice Claims
Medical malpractice can be challenging to prove, and healthcare providers and insurers often fight these claims vigorously. Pursuing a medical malpractice claim in Missouri typically requires a high degree of legal knowledge and experience to navigate the complex statutes and procedures.
Therefore, it’s essential to seek legal help from experienced personal injury attorneys who understand Missouri law and have a track record of successfully handling medical malpractice cases. An attorney can review the facts of the case, gather evidence, hire expert witnesses, and negotiate with the healthcare provider and insurance company on behalf of their client.
Conclusion
Medical malpractice claims are a complicated area of personal injury law governed by state statutes and procedures. In Missouri, patients must follow specific requirements and limitations to file a viable medical malpractice claim. Seeking legal help from experienced personal injury attorneys is crucial to navigating this complex process and receiving fair compensation for your damages.