Missouri Medical Malpractice: What You Should Know About Filing a Lawsuit

Medical malpractice occurs when a healthcare provider fails to deliver the standard of care, resulting in harm to a patient. If you believe you have been a victim of medical negligence in Missouri, understanding the process of filing a lawsuit is crucial. This article will guide you through the essential aspects of Missouri medical malpractice laws.

The Basics of Medical Malpractice in Missouri

In Missouri, medical malpractice refers to the negligence or wrongful act of a medical professional, which may include doctors, nurses, and other healthcare providers. To establish a successful malpractice claim, you must demonstrate the following:

A duty of care was owed to you by the healthcare provider.
The provider breached that duty by failing to act in accordance with the accepted standard of care.
The breach caused your injury.
You suffered damages as a result of the injury.

Statute of Limitations for Medical Malpractice Cases

In Missouri, the statute of limitations for filing a medical malpractice lawsuit is typically two years from the date you discovered, or reasonably should have discovered, the injury. However, this time frame can differ based on certain circumstances, such as the involvement of a minor or if the healthcare provider concealed their negligence.

Filing a Medical Malpractice Lawsuit in Missouri

When you're ready to file a lawsuit, the following steps can guide you:

Consult with a Qualified Attorney: It's crucial to seek legal advice from an attorney who specializes in medical malpractice cases. They can provide guidance on whether you have a valid claim and what your next steps should be.
Gather Evidence: Collect all relevant medical records, documentation, and witness statements. Having solid evidence is vital to substantiate your claims.
File a Certificate of Merit: Missouri law requires you to submit a certificate of merit from a qualified expert witness, confirming that your claim has merit and is backed by professional standards.
Negotiate a Settlement: Many cases are settled before they reach trial. Your attorney will help you negotiate with the healthcare provider's insurance company for a fair settlement.
Go to Trial: If a settlement cannot be reached, your case will go to trial. Your attorney will represent you in court, presenting evidence and arguments to support your claim.

Potential Damages in Medical Malpractice Cases

If you win your case either through settlement or at trial, you may be awarded several types of damages, including:

Economic Damages: These are quantifiable losses such as medical bills, lost wages, and rehabilitation costs.
Non-Economic Damages: These include compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive Damages: In cases of severe negligence, punitive damages may be awarded to punish the healthcare provider and deter similar behavior in the future.

Conclusion

Filing a medical malpractice lawsuit in Missouri can be a complex and daunting process. However, understanding the legal framework and working with an experienced attorney can significantly enhance your chances of success. If you believe you have suffered due to medical negligence, don't hesitate to seek legal counsel to explore your options.