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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.

Missouri Revised Statutes Section 516.105.1

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.

Damage Caps  

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.

Joint Liability

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

Neglect

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.

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