If a medical professional has injured you, you can join that party or parties accountable and seek compensation for your pain. You have various rights and laws if you need to know if medical negligence or malpractice harmed you.
Facts about Medical Malpractice
Medical malpractice can occur at any time during a person’s treatment and can manifest in many ways. Below are the top five medical malpractice claims, according to Diedrich Healthcare:
Diagnosis- 33 percent
Surgical errors- 24 percent
Treatment- 19 percent
Obstetrics- 11 percent
Medication- 5 percent
If you were harmed by medical negligence, you might be able to recover compensation for the injuries you suffer and the costs you incur. However, getting the compensation you deserve can be challenging because there is a high burden of proof they must meet.
Missouri Medical Malpractice Laws
Statute of Limitations
Medical malpractice is a complex problem, so the statute of limitations for these claims aren’t as straightforward. For general medical malpractice claims, victims have two years from the date of their injury to file their civil suit with some exceptions:
If a foreign object is left in a person, they have two years from the date they discovered their injury to file a civil suit.
If the victim’s injuries resulted from a failure to provide test results or explain, he or she has two years from the date their injury was discovered.
Children injured by medical negligence has ten years from the date of their injury or two years from their 18th birthday, whichever comes first.
Affidavit of Merit
Before you can file your medical malpractice claim, you must file an Affidavit of Merit with a Missouri civil court at least 90 days before you file your injury complaint. An Affidavit of Merit should include statements from experts confirming the victim’s injuries and what caused them. These affidavits must be signed by the victim, their legal counsel, and include the credentials of the expert witnesses.
The Missouri Supreme Court has ruled damage caps unconstitutional, so there are no limits on the amount of compensation awarded in any personal injury claims.
If more than one medical professional is liable for a victim’s injury, the joint liability rule applies. Under that rule, each negligent party is assigned a percentage of liability based their actions. If their percentage of liability is greater than 50 percent, they are responsible for covering the total award granted to the victim.
Your medical negligence claim can be filed with one of the following civil courts:
St. Louis County Circuit Clerk
105 S Central Ave, Clayton, MO 63105
16th Circuit Court of Jackson County, Missouri
415 E 12th St, Kansas City, MO 64106
Cooper County Probate Judge
200 Main St #31, Boonville, MO 65233
Speak with a Medical Malpractice Lawyer in Missouri
If you are injured by any of the following negligent actions on behalf of a medical professional, contact a lawyer:
Exhaustion or fatigue
Inexperience or incompetence
Drug or alcohol abuse
Failure to communicate
You expected a doctor to improve your health, but instead, they hurt you, and you deserve to be compensated. Let USAttorneys connect you with a medical malpractice lawyer in Missouri to work on your case and recover a generous settlement.