How Missouri Courts Handle Medical Malpractice Claims

Medical malpractice claims in Missouri are complex legal matters that require a particular understanding of state laws and court procedures. In Missouri, medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, causing injury or harm to a patient. Understanding how Missouri courts handle these cases is essential for anyone considering filing a claim.

In Missouri, a medical malpractice claim generally involves several critical steps. The first step is to consult with a qualified medical malpractice attorney who is knowledgeable about state-specific laws. This attorney can assess the merits of the case and determine whether the evidence supports a claim of negligence.

One of the unique aspects of Missouri’s legal framework is the requirement for a "certificate of merit." Before filing a lawsuit, the plaintiff must obtain a written statement from a qualified expert, usually a physician, affirming that there is enough evidence to support the claim. This requirement is designed to prevent frivolous lawsuits and ensure that claims are based on legitimate medical issues.

Once the certificate of merit is obtained, the plaintiff may file a petition in the appropriate Missouri court. The court system is divided into circuit courts, which handle most civil cases, including medical malpractice claims. Missouri operates under a "comparative fault" system, which means that if the plaintiff is found partially responsible for their injury, damages may be reduced in proportion to their level of fault.

Discovery is the next phase in the litigation process, where both parties gather evidence, such as medical records, expert testimonies, and other relevant documents. This stage can be lengthy and often involves depositions, where witnesses are questioned under oath.

If the case does not settle during the discovery phase, it may proceed to trial. Missouri courts typically use juries for medical malpractice trials. The jury's job is to evaluate the evidence presented and determine whether the healthcare provider acted negligently. If they find in favor of the plaintiff, they will also decide on the amount of damages to be awarded, which may cover medical expenses, lost wages, pain and suffering, and other related costs.

Appeals can also be part of the process. If either party is dissatisfied with the trial verdict, they have the right to appeal to a higher court. Appeals in Missouri courts can be complicated and often require the expertise of an attorney with appellate experience.

Finally, it’s essential to be aware of the statute of limitations for filing medical malpractice claims in Missouri. Generally, the statute of limitations is two years from the date of the injury. However, there are exceptions, especially in cases involving minors or when the injury was not immediately discoverable.

Navigating the legal intricacies of a medical malpractice claim in Missouri can be daunting. Working with an experienced attorney who understands the nuances of Missouri’s legal system is crucial to ensure that your rights are protected and that you receive the compensation you deserve.