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Medical Malpractice

Medical malpractice cases are the most complex and challenging cases to pursue. Our medical malpractice lawyers have successfully pursued dozens of medical negligence cases to successful conclusions in both Missouri and Illinois.

Medical Malpractice
Recent Medical Malpractice Settlements

$3,500,000.00 Settlement - Medical Malpractice

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$3,500,000.00 Settlement - Medical Malpractice

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When dealing with healthcare 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.

Medical negligence cases have a lot of political aspects to them. They 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.

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.

We investigate a variety of medical malpractice related cases, such as:

Potential malpractice cases are investigated free of charge, additionally, if we decide to take your case there is not an attorney fee or costs unless we win. Investigation of potential cases requires client and witness meetings, gathering medical records and other pertinent documentation, and then hiring a 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 medical 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. See Certificate of Merit Example.

Medical Experts: Qualified medical malpractice lawyers 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 med mal 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 med mal 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.

If you or a loved one has been injured or died because of a possible malpractice, contact us online or call us at (314) 863-0500 to set up a FREE consultation with a medical malpractice injury lawyer.

Sansone & Lauber

7777 Bonhomme Ave #2000
St Louis, MO 63105‎
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Sansone & Lauber

7777 Bonhomme Ave #2000
St Louis, MO 63105‎
Get Directions
Talk to an experienced attorney

FREE CONSULTATIONSNo Fee Unless We Win 314-863-0500

TALK TO AN EXPERIENCED ATTORNEY

FREE CONSULTATIONS 314-863-0500