Do I Have a Medical Malpractice Claim?

Do I Have a Medical Malpractice Claim?

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When you seek treatment from a healthcare professional for a medical need, the expectation is that you will receive top quality care. Unfortunately, that is not always the case; medical professionals can make costly mistakes that result in causing further injury and pain for their patients. If you were injured by a doctor, nurse, surgeon, anesthesiologist, or other healthcare professional, you may have a claim for medical malpractice. To learn more about your legal options and to receive a consultation on your case, call or contact the experienced Missouri medical malpractice attorneys at the The Johnson Law Firm, LLC, today.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional like a doctor or surgeon, because of a negligent act or omission, causes an injury to a patient. Medical professionals have a duty of care for their patients, and malpractice occurs when that duty is breached through negligence, recklessness, or an intentional act on the part of the healthcare worker. In order to determine whether a breach occurred, the court looks to the standards of care for that medical procedure and whether a reasonable healthcare professional in similar circumstances would have made the same medical choices as the defendant in the case.

Medical Malpractice Time Limits 

If a person suspects that they have a medical malpractice claim, they must file a lawsuit within two years of the date of the injury or within two years of when they should have known about the injury. A common example of this is when a surgeon leaves a sponge or other medical tool inside of a patient who does not discover the injury for a few years.  You should consult with an attorney to discuss the applicable statute of limitations applicable to your case. 

In addition, an affidavit must be filed within 90 days of the lawsuit signed by a legally qualified healthcare provider. This affidavit must state that the defendant in the case breached their duty of care to the patient, which resulted in the injuries to the patient.

Damages for Medical Malpractice Claims 

Calculating and pursuing compensation for a medical malpractice claim in Missouri can be complicated, which is why you should always have an experienced medical malpractice attorney representing your interests in the case. There are no caps on economic damages for medical malpractice claims, which means that an injury victim can collect all out-of-pocket costs like additional medical bills, lost wages, property damage, and the loss of future income and benefits that resulted from the medical malpractice inflicted upon them. However, noneconomic damages for pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life are capped at $400,000. This figure increases to $700,000 in cases involving catastrophic personal injury or wrongful death.

Talk to Our Office

Do you believe that you have a medical malpractice claim in the St. Peters area? If so, call or contact The Johnson Law Firm, LLC, today to schedule a consultation of your case with one of our knowledgeable Missouri medical malpractice lawyers now.

The Johnson Law Firm, LLC, can answer your questions about what our legal practices. Contact us for a free consultation. We are located in St. Charles and serve the surrounding areas of Missouri.