- Medical MalpracticeContinue Reading
- Medical MalpracticeContinue Reading
When dealing with medical malpractice, such as a doctor, nurse, or other healthcare provider, the law defines “negligent” or “negligence” as “the failure to use that degree of skill and learning ordinarily used under the same or similar circumstances by the members of defendant’s profession.” Missouri Jury Instruction §11.06. This is the basic starting point for a medical negligence case. As an attorney representing a victim of medical negligence this is what we must prove to a jury that the defendant failed to use the appropriate degree of care under similar circumstances.
Unfortunately medical malpractice happens more often than you think and is often not reported. Many people suffer silently after their surgeries leave them maimed or injured. Often when someone does bring up a formal legal complaint and can prove medical negligence, many lawsuits will settle quietly to avoid media attention. Only in the most horrendous cases do you see news stories like this.
Medical negligence cases have a lot of political aspects to them, and the reform around medical malpractice laws has led to some terrible tragedies in some states. These cases are the poster-boy for the tort ‘reform’ movement and many jurors will side with doctors and nurses even when they know they were negligent. Medical negligence cases must not be pursued as a doctor’s “failure” to use adequate care, medical negligent cases must be framed as a “patient safety” issue and seeking a verdict for the harms and losses caused by a doctor’s “choice” to violate those patient safety rules. You need a St. Louis medical malpractice attorney that knows the law and is willing to do the investigation necessary to win your malpractice suit.
When performing surgery, a rule of patient safety is that a doctor must be certain of what he is cutting before he cuts it. A doctor must not guess about what they are cutting, they must positively identify a structure before cutting it. If a doctor cuts before being certain then he “chose” to violate the patient safety rule, not simply failed to follow it. Jurors forgive mistakes and failure but not choices to violate patient safety.
Our St. Louis attorneys investigate a variety of hospital injury related cases, such as:
Potential malpractice cases are investigated free of charge, additionally, if we decide to take your case there is no attorney fee or cost unless we win. Investigation of potential cases requires client and witness meetings, gathering medical records and other pertinent documentation, and then hiring a trusted medical doctor to review our investigation and give us an expert conclusion that medical malpractice was committed. This expert conclusion that malpractice occurred justifies filing a lawsuit.
In most cases our experienced medical negligence lawyers can determine if there is an actionable case and whether or not the healthcare provider’s care fell below the standard of care, or more appropriately stated, if we can show a violation of a patient safety rule. Once we determine that a medical malpractice case is a viable case to pursue legally, we pay for and get the legally required medical opinions from a board certified M.D., regarding the applicable patient safety rules the healthcare provider chose not to follow.
Certificate of Merit: As under Missouri and Illinois law, a hospital or doctor related malpractice lawsuit is subject to dismissal if the case is filed without proper affidavits of merit which certify that a qualified medical doctor has reviewed the case and concluded that negligence occurred.
Medical Experts: Qualified medical malpractice firms know that beyond thorough investigation of the facts and the medical issues involved, experts are a very important aspect of a medical case. The experts in medical negligence cases (other doctors in the same specialty or field) help explain to the jury (1) the applicable patient safety rules; (2) explain how the defendant violated that patient safety rule; and (3) that the violation of the safety rule caused the injury or death. In most of these cases the defendant doctor or hospital will have multiple expert witnesses who will all line up and testify that the defendant did nothing wrong; this is what doctors do, cover for each other. As Plaintiff’s medical negligence attorneys we must select the best qualified expert with outstanding credentials and credibility. Good experts are hard to find for the victim’s side because many doctors who testify for victims get in trouble with employers and medical associations, so many doctors will refuse to act as experts. Our healthcare malpractice law firm has worked with many of the best experts in their field, and we continue to keep a network of excellent doctors to act as experts in vetted malpractice cases.
There is only a limited amount of time to bring a malpractice lawsuit against a hospital or doctor that caused an injury. The negligent party may already be working to build a defense. If you or a loved one has been a victim of possible malpractice, contact us online or call us at (314) 863-0500 to set up a FREE consultation with a medical malpractice lawyer in St. Louis.