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Medical Malpractice Attorney

Medical malpractice occurs when a healthcare professional or facility fails to provide a standard level of care, resulting in harm or injury to a patient. These cases can be complex, emotionally taxing, and physically and financially devastating for victims and their families.

Experienced Medical Malpractice Lawyers

Get The Compensation You Deserve

You didn't deserve this.

What happened to you is wrong.

[Add content]. If you or a loved one has been harmed due to medical negligence, it is essential to seek experienced legal representation from a trusted Missouri personal injury lawyer at Lampin Law Firm.

Arm yourself with facts

Understanding Medical Malpractice in Missour

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Medical malpractice occurs when a medical professional deviates from the accepted standard of care and causes harm to a patient. This standard of care refers to the level of skill and care that a reasonably prudent healthcare professional would provide under similar circumstances. Medical malpractice encompasses a wide range of negligent actions or omissions, including the following.

Misdiagnosis or Delayed Diagnosis

Failing to diagnose a medical condition accurately or promptly can have severe consequences for patients, leading to delayed treatment, disease progression, and worsened outcomes, including death.

Surgical Errors

Surgical mistakes such as wrong-site surgery, incorrect incisions, organ perforation, or leaving surgical instruments or foreign objects inside the patient’s body can result in severe injuries, infections, or even death.

Medication Errors

Administering the wrong medication, incorrect dosage, or failure to monitor for adverse drug interactions can cause harm or adverse reactions in patients, leading to severe complications or medical emergencies.

Birth Injuries

Negligence during pregnancy, labor, or delivery can result in birth injuries to the mother or baby, including brain damage, cerebral palsy, Erb’s palsy, or other lifelong disabilities.

Anesthesia Errors

Anesthesiologists and other health providers must administer anesthesia safely and monitor patients closely during surgery because errors in dosage, administration, or monitoring can lead to anesthesia awareness, respiratory problems, or cardiac arrest.

Failure to Obtain Informed Consent

Healthcare providers have a legal and ethical duty to obtain informed consent from patients before performing medical procedures or treatments, and failure to adequately inform patients of the risks, benefits, and alternatives can constitute medical malpractice.

Nursing Home Neglect or Abuse

Residents of nursing homes and long-term care facilities are entitled to receive proper care and attention, and inadequate supervision, medication errors, or physical and emotional maltreatment can constitute neglect or abuse by staff members. See our nursing home injury page for specific information.

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Impact

The Impact of Medical Malpractice

Victim's do not deserve to be treated that way

Medical malpractice can have a profound and lasting impact on victims and their families. The ability to trust your healthcare provider is crucial in receiving proper care. Potential consequences of medical malpractice include:

Physical injuries

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Emotional distress

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Financial hardship

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Loss of trust in the healthcare system

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Community

Proving Medical Malpractice in St. Charles

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Proving medical malpractice in Missouri requires demonstrating four key elements. These elements establish negligence, which is necessary to recover damages in a personal injury case. The elements that must be shown include:

Duty of care

Your healthcare provider owed you a duty of care as their patients, meaning they had a legal obligation to provide treatment in accordance with accepted medical standards and practices.

Breach of duty

Your healthcare practitioner breached the duty of care by failing to meet the appropriate standard of care, either through negligent actions or omissions.

Causation

The breach of duty directly caused or contributed to your injury or harm. It must be shown that you would not have suffered harm if your medical provider had not been negligent.

Damages

You suffered actual damages due to your healthcare provider’s negligence, such as physical injuries, emotional distress, medical expenses, lost wages, or other financial losses.

In Missouri, medical malpractice claims must comply with specific procedural requirements, including pre-suit notification and expert witness testimony. These requirements can significantly impact the success of a medical malpractice claim and the compensation available to victims. As such, you must consult with skilled medical malpractice lawyers.

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Damages That You Can Recover in a St. Charles Medical Malpractice Case

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In Missouri, victims of medical malpractice may be entitled to recover various types of damages in a lawsuit against the negligent healthcare provider or facility. These damages are intended to compensate you for the harm and losses you have suffered as a result of the medical malpractice. The types of damages that may be recovered in a St. Charles medical malpractice lawsuit include:

Economic Damages

Economic damages are concrete financial losses directly resulting from medical malpractice. They aim to restore you to the financial position you would have been in if the malpractice had not occurred. Recoverable economic damages in Missouri medical malpractice cases include medical expenses, Lost wages, Loss of earning capacity, and Out-of-pocket expenses.

Non-Economic Damages

Non-economic damages are intangible losses that compensate for your pain, suffering, and emotional distress caused by medical malpractice. These damages are subjective and can be more difficult to quantify; however, a judge or jury will consider the severity of your injuries and the impact on your life when awarding them. Examples of recoverable non-economic damages in Missouri malpractice cases include: Pain and suffering, Mental anguish, Loss of enjoyment of life, Loss of consortium, Scarring and disfigurement.

Punitive Damages

In rare cases of extreme negligence or intentional misconduct, punitive damages may be awarded to punish the healthcare provider and deter similar behavior in the future. These damages are intended to serve as a deterrent and are awarded in addition to the above compensatory damages.

Statutory Caps

Missouri has enacted statutory caps on non-economic damages in medical malpractice cases. As of 2024, the cap for non-catastrophic injuries is $465,531, and for catastrophic injuries, it is $814,679. These caps will increase by 1.7% each year to account for inflation.

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Percent of cases that settle 72%
Percent of cases that settle 72%
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Contact a St. Charles Medical Malpractice Lawyer Today

If you believe you are the victim of medical malpractice, seek legal help as soon as possible. Contact Lampin Law Firm today to schedule a free consultation with a skilled medical malpractice attorney in St. Charles. We will listen to your story, evaluate your case, and help you understand your legal options for pursuing justice and compensation.

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