Jefferson City Personal Injury Lawyers – Medical Malpractice
If you have been injured as a result of medical malpractice, you may be able to file a claim for against your doctor, hospital, nurse or other medical care provider. At Carson & Coil, we have a team of medical malpractice lawyers ready to confer with you regarding your medical malpractice lawsuit. We offer a free lawyer consultation. During this consultation, our personal injury lawyers will explain your rights under Missouri Law.
What is Medical Malpractice?
Medical malpractice claims can include, but are not limited to:
- Failure to diagnose the risk of heart attack or stroke
- Failure to diagnose cancer in time to allow for effective treatment
- Diagnostic errors after admission to an emergency room
- Failure to order tests that would identify a medical problem
- Failure to correctly interpret test results
- Diagnosis or treatment errors due to mistakes in handling medical records
- Surgical errors involving anesthesia or postoperative care
- Injuries caused by negligent laparoscopic surgery
- Gall bladder surgery and common bile duct injuries
- Birth injuries due to negligence in the delivery room or in postnatal care
- Serious infections acquired in the hospital
- Mistakes in prescribing medicines or drugs
Medical malpractice lawsuits are extremely complex and require experienced accident lawyers to handle these types of claims. It is imperative to contact knowledgeable and experienced personal injury attorneys to pursue your medical malpractice claim.
Medical Malpractice FAQs
1. What is medical malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or harm to a patient. This can include errors in diagnosis, treatment, aftercare, or health management.
2. What are common examples of medical malpractice?
Common examples of medical malpractice include surgical errors, misdiagnosis or delayed diagnosis, medication errors, birth injuries, anesthesia mistakes, and failure to obtain informed consent.
3. How do I know if I have a medical malpractice case?
To determine if you have a medical malpractice case, you should consult with a medical malpractice attorney who can review your medical records, consult with medical experts, and assess whether the standard of care was breached and caused harm.
4. What should I do if I suspect medical malpractice?
If you suspect medical malpractice, gather all relevant medical records and documents, write down a detailed account of your experience, and contact a medical malpractice attorney. Do not discuss your suspicions with the healthcare provider involved without legal advice.
5. Who can be held liable for medical malpractice?
Liability for medical malpractice can extend to doctors, nurses, surgeons, anesthesiologists, pharmacists, hospitals, and other healthcare providers and institutions involved in the patient’s care.
6. What damages can be recovered in a medical malpractice lawsuit?
In a medical malpractice lawsuit, you can seek compensation for medical expenses, lost wages, pain and suffering, emotional distress, loss of consortium, and, in cases of severe misconduct or deviation from the standard of care, punitive damages.
7. Is there a time limit to file a medical malpractice lawsuit in Missouri?
Yes, Missouri has a statute of limitations for medical malpractice claims. Generally, in cases not involving death, you must file a lawsuit within two years from the date the malpractice occurred (RSMo 516.105). Certain exceptions and extensions may apply depending on the circumstances.
8. How can an attorney help with a medical malpractice case?
An experienced medical malpractice attorney can help by reviewing your case, consulting with medical experts, gathering evidence, filing the necessary legal documents, negotiating with insurance companies, and representing you in court to ensure you receive fair compensation.
9. What is the process for a medical malpractice lawsuit?
The process typically involves an initial consultation with an attorney, investigation and gathering of evidence, filing a lawsuit, discovery and depositions, settlement negotiations, and potentially going to trial if a settlement cannot be reached.
10. Can medical malpractice cases be settled out of court?
Yes, many medical malpractice cases are settled out of court through negotiations between the parties involved. Settlements can provide a quicker resolution and avoid the uncertainty and stress of a trial.
Legal Aid For Medical Malpractice in Missouri
In Missouri, you have two years to file a medical malpractice claim. Missouri law limits the time you have to file a claim.
In 2005, the Missouri legislature changed the laws regarding medical malpractice cases. Our personal injury attorneys are up to date on the newest law changes and are ready to assist you in filing a claim. We work closely with experts from many medical subspecialties in order to determine whether your injuries were the result of medical malpractice.
In Missouri, you have two years to file a medical malpractice claim. Missouri law limits the time you have to file a claim for medical malpractice, because these lawsuits are dictated by the state’s statute of limitations, which creates a deadline for filing in the state’s civil court system.
It’s also required that an affidavit of merit be filed with the court within 90 days of the filing of a medical malpractice complaint. The affidavit of merit must state that a qualified professional was consulted about the claim, and that the professional agreed that the defendant was at fault in a way that caused the injured person’s injuries. If a medical malpractice claim has more than one defendant, a separate affidavit of merit must be filed as to each defendant’s role in causing the harm that took place. If you believe you have been injured as a result of the negligence of a healthcare professional, it is important to speak to an experienced medical malpractice attorney immediately.
About Carson & Coil's Medical Malpractice Expertise
Carson & Coil seeks justice for our clients and compensation for medical malpractice cases. We are one of the oldest, largest and most respected firms in Jefferson City and mid-Missouri, and we have the resources and background to handle even the most complex issues. Our firm traces its roots back more than 60 years and we have a rich history in medical malpractice lawsuits.
Call Rudy Veit, Mark Ludwig, or Jason Ludwig to help you with your medical malpractice case.
