Understanding Negligence in Missouri’s Medical Malpractice Cases

Medical malpractice is a complex area of law that requires a clear understanding of negligence, particularly in Missouri. In Missouri’s medical malpractice cases, negligence refers to a breach of duty by a medical professional that results in harm to a patient. To establish a successful claim, the plaintiff must demonstrate that the healthcare provider failed to meet the standard of care that a similarly qualified professional would provide under similar circumstances.

In Missouri, the legal definition of negligence involves four key elements: duty, breach, causation, and damages. First, the plaintiff must prove that the defendant had a duty to provide care to the patient. This is typically established by the provider-patient relationship. Next, it must be shown that the medical professional breached that duty by failing to adhere to the standard of care expected in their practice.

Causation is the third crucial element. The plaintiff must demonstrate that the breach of duty directly caused the injury or harm suffered. This may involve expert testimony to clarify how the actions or inactions of the medical professional led to adverse outcomes. Finally, the plaintiff must show that they suffered actual damages, which can include physical pain, emotional distress, additional medical bills, and lost wages due to the negligence.

Missouri operates under a modified comparative fault rule when evaluating medical malpractice claims. This means that if a plaintiff is found to be partially at fault for their injury, their potential recovery may be reduced by their percentage of fault. However, if the plaintiff is found to be 51% at fault or more, they cannot recover damages.

Missouri also imposes caps on non-economic damages in medical malpractice cases. As of 2023, the cap is set at $400,000 for non-economic damages, with some exceptions for instances involving catastrophic injuries or wrongful death. It is crucial for plaintiffs to navigate these regulations carefully to ensure they build a strong case for their claims.

Additionally, Missouri requires that a “certificate of merit” be submitted by the plaintiff at the time of filing a malpractice lawsuit. This certificate must be completed by a qualified medical expert who reviews the case and confirms that there is a reasonable basis for the claim of negligence. This requirement can serve as an initial safeguard against frivolous lawsuits.

In conclusion, understanding negligence is fundamental for anyone involved in Missouri's medical malpractice cases. Patients who feel they have been harmed due to a medical professional's negligence should consult with a qualified attorney who specializes in medical malpractice to navigate the legal complexities and protect their rights. By grasping the essential components of negligence, victims can pursue justice and potentially receive compensation for their injuries.