What to Expect When Filing a Medical Malpractice Claim in Missouri

Filing a medical malpractice claim in Missouri can be a complex process that requires careful consideration and understanding of both the legal landscape and the medical issues involved. Here’s what you can expect as you navigate through the steps of your claim.

Initial Consultation with a Medical Malpractice Attorney

The first step is usually an initial consultation with a qualified medical malpractice attorney. This meeting is critical as it allows you to discuss the specifics of your case, assess the viability of your claim, and understand the legal process ahead. Most attorneys offer this consultation for free, and it’s an opportunity to ask questions and gauge whether the attorney is the right fit for your case.

Gathering Evidence and Medical Records

After deciding to proceed with your claim, your attorney will begin to gather evidence and obtain your medical records. This may include documentation of your treatment, medication prescriptions, and any related medical history. Your attorney will analyze this information to determine if there has been a breach in the standard of care and whether it caused your injury.

Expert Witnesses

Medical malpractice claims often require the testimony of expert witnesses. These are typically medical professionals with experience in the relevant field who can provide insight into whether your healthcare provider acted negligently. Your attorney will work to identify and secure credible expert witnesses who can support your claim.

Filing the Claim

Once sufficient evidence is gathered, the next step is filing the claim. In Missouri, medical malpractice claims must be filed in a timely manner as there are strict statutes of limitations. Generally, you have two years from the date of the injury to file your claim. Your attorney will ensure that all necessary documents are prepared and submitted correctly.

Pre-Litigation Requirement

Missouri law requires claimants to go through a pre-litigation process before filing a lawsuit. This typically involves submitting a formal notice to the healthcare provider and allowing for a 90-day period during which both parties may attempt to resolve the issue without going to trial. This step can potentially save time and resources for both the plaintiff and the defendant.

Negotiation and Settlement

If the case does not settle during the pre-litigation phase, negotiations may continue, often involving back-and-forth discussions regarding compensation. Your attorney will advocate on your behalf during these negotiations, aiming to reach a fair settlement. If a settlement cannot be reached, your attorney will then prepare to take the case to court.

Trial Process

If your case goes to trial, it can be a lengthy and emotional process. During the trial, both sides will present their arguments, evidence, and witnesses. Your attorney will play a crucial role in this phase, arguing your case and attempting to prove that negligence occurred and that it directly led to your injury.

Possible Outcomes

The outcome of a medical malpractice trial can vary. If you win, you may receive compensation for medical bills, lost wages, pain and suffering, and other related expenses. However, if the court rules in favor of the defendant, you may end up with no compensation at all. It’s essential to have a knowledgeable attorney who can guide you through these varying outcomes.

Appeals

In the event that you lose your case, there may be grounds for an appeal. This involves a higher court reviewing the case for legal errors. Your attorney can advise you on whether an appeal is worth pursuing and guide you through that process if necessary.

Conclusion

Filing a medical malpractice claim in Missouri requires careful preparation, strong legal representation, and a thorough understanding of the process. By knowing what to expect at each stage, you can approach your case with confidence and work towards obtaining the justice and compensation you deserve.