What is medical malpractice?
A doctor commits medical malpractice by negligently
providing medical services when that negligence causes
or contributes to injuring the patient. The injured
party must first prove that the health care provider
fell below the standard of care for similar health care
providers in Missouri. That means the health care
provider failed to act as a reasonable and prudent
health care provider in Missouri would under similar
circumstances.
The term “medical malpractice” can apply to
misdiagnosis, surgical mistakes, and gross negligence.
Some studies indicate that up to 70% of medical errors
could have been prevented. The most common types of
medical malpractice include:
- Mishandling of patient records
- Misread x-ray, CT Scan, or other test result
- Failure to properly diagnose a condition in a
timely fashion
- Failure to promptly respond to patient
symptoms
- Surgical errors
- Medication errors
- Failure to prevent injury
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What is the statute of limitations?
In Missouri, any medical malpractice action must be
brought within two years from the date of the
occurrence. If the claim involves a foreign object, the
claimant is allowed two years from the date of
discovering the alleged negligence to bring an action,
but in no case shall an action for medical malpractice
be brought more than 10 years from the date of the
alleged act.
An action for wrongful death must be brought within
three years from the decedent's death. An action for
wrongful death premised on medical malpractice is
governed by the three-year wrongful death limitations
period and not the two-year medical malpractice
limitations period.
The most important thing to remember about the statute
of limitations is that time is of the essence. Call
Peterson & Associates, P.C. as soon as you even suspect
you may have been injured by any negligent act so that
our lawyers can help you determine which statute of
limitations applies to your case and that you take all
actions necessary to protect your right to make the
claim.
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Will I still be able to receive medical care if I file a
personal injury claim against a doctor or hospital?
Yes. You would never be denied access to further medical
attention because of a medical malpractice claim.
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How does one win a medical malpractice case?
First, you must have expert medical testimony that no
reasonable health care provider would have done what
yours did. Reasonableness is generally determined by
looking at what is reasonable care. You must also prove
through expert testimony that the negligence of your
health care provider was a cause of injury or death.
Remember: A bad medical result does not always mean
malpractice.
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How would I know if I was a victim of medical
malpractice?
The most likely indicator that medical malpractice may
have occurred is the dramatically different or
unexpected result of treatment or
surgery. An example
would be paralysis following
cosmetic surgery. Another
sign would be the failure of the provider to give a good
explanation for a worsened condition or sudden death of
the patient.
There are also instances in which nurses or doctors or
other providers make critical statements of prior care.
These statements sometimes turn out to be accurate
indicators of medical malpractice even though they may
never be repeated in a legal setting.
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What should I do if I suspect malpractice has occurred?
First, contact an experienced medical malpractice
attorney. Second, do not accuse or insult the treating
health care providers. Third, discreetly request your
medical records, then take them to an expert for review.
If the care by the physician is ongoing, you may want to
request a transfer of care to another hospital or health
care provider. Quality medical treatment should be your
primary concern.
Document the events as they unfold. The attorneys of
Peterson & Associates, P.C. can review your records and
situation. Because of the complexities surrounding
medical malpractice claims, only an experienced attorney
can make a determination as to the viability of your
potential lawsuit.
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What damages can be recovered for medical malpractice?
There are several items of damages that can be recovered
in medical malpractice cases. The medical expenses for
treating the injuries caused by the malpractice can be
recovered. This claim can include medical expenses the
injured patient can prove will be reasonably necessary
to treat the injury caused by the malpractice in the
future. The jury can consider whether the injured
patient has health insurance and any payments made by a
health insurer or government benefits and any claims a
health insurer or the government may have to
reimbursement for payments made for treatment made
necessary by the malpractice.
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Missouri law also permits recovery of lost income. An
injured patient can recover money to replace income they
would have earned at their job or business if the health
care provider had not injured them. This claim can
include income the injured patient can prove will
probably be lost in the future because of the injuries
caused by the malpractice. The jury can consider any
insurance or government benefits paid for this loss as
well.
A related damage is lost earning capacity. The jury can
award damages if the injured patient can prove he or she
is less able to earn a living because of the negligently
caused injuries. An injured patient can also recover
damages for pain and suffering. This damage is designed
to compensate the injured patient for having to endure
the pain and suffering from the injury caused by the
health care provider's negligence. This damage can be
awarded for pain and suffering already endured and for
that pain and suffering the injured patient can prove is
reasonably likely to be suffered in the future.
Disfigurement and disability are damages related to pain
and suffering.
Sometimes a person is so severely injured that he or she
cannot care for and support loved ones the way he or she
did before the injury. In appropriate circumstances,
Missouri law permits damages to be recovered by spouses,
children and parents of negligently injured people for
the loss of the love, care, affection, companionship and
other pleasures of the family relationship that are lost
because of the injury.
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My doctor admitted he made a mistake, so do I have a
malpractice case?
Sometimes a mistake is just a mistake. An experienced
medical malpractice attorney can help you to determine
if your case has merit. If your doctor's mistake was the
result of negligence or failure to meet the expected
standard of care, then you may indeed have a malpractice
case, and damages may be recoverable for you under
medical malpractice laws.
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I was misdiagnosed. Is that considered malpractice?
That depends on the case. Medicine is not an exact
science and the law does not require doctors to be
correct every time they make a diagnosis. However, a
misdiagnosis may be considered malpractice if your
doctor neglects to:
- Get a medical history
- Recognize the symptoms of an illness
- Order all appropriate tests for the patient’s
symptoms
- Properly read, or fully take into account,
test results.
Medical conditions that are most frequently
misdiagnosed
include heart attacks,
cancer, pulmonary embolism,
meningitis, and fetal distress. While a misdiagnosis can
cause frustration and emotional distress, unless the
misdiagnosis, or consequent treatment, caused injury or
physical harm, a medical malpractice suit would have no
basis.
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How can I find out if my doctor has had any medical
malpractice claims?
Some states have created an on-line database, accessible
to the public, with medical malpractice information.
However, unless your doctor has been disciplined by your
state’s licensing board, it is often not possible to
determine the nature or the number of medical
malpractice claims the doctor has had, except in the
midst of a lawsuit. For a complete listing of state
licensing boards, visit the Federation of State Medical
Boards' main website --
www.fsmb.org – and select the “State Medical Board
Info” link.
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