Holding Medical Professionals Liable for Their Negligence
Patients who have been harmed or injured may have a claim for medical malpractice against the doctor, nurse, or other medical professional who administered treatment. Medical malpractice is a type of professional negligence that occurs when a medical professional fails to use the degree of skill and care ordinarily used by members of the profession. It is a highly complex area of law, and there are a number of situations that can bring about a claim for medical malpractice. Below is some information regarding medical malpractice in Missouri. For more information, call one of our attorneys today.
The Standard of Care
Most healthcare providers strive to provide the highest standard of care for all patients. For people who have had adverse outcomes after medical treatment recovering damages will depend on whether the treatment they received was up to the standard of care followed by doctors and other medical professionals in the same circumstances. Doctors and other medical professionals who fail to provide proper care are deemed negligent and can be liable for any damages they may have caused.
Types of Malpractice Claims
Patients can suffer harm in a number of ways, including the following:
- Misdiagnosis – Misdiagnosing a condition is not uncommon and the consequences can be life-threatening or fatal.
- Poor Medical Treatment – The level of medical treatment to be provided is generally measured by the typical standard of care given to patients in the area.
- Lack of Informed Consent to Medical Procedure – As a patient, you have the right to consent to medical procedures before they are performed and you have the right to be fully informed of all of the risks of the surgical procedure and alternative means of treatment before giving your consent. Failure to obtain your consent to a medical procedure, or obtaining your consent without informing you of all the risks of the procedure could be grounds for a medical malpractice claim.
- Surgical Errors – Common examples of surgical errors that are often the result of a surgeon’s negligence include wrong-site surgery (operating on the wrong part of the patient’s body), cutting or severing a nerve, artery or vein, leaving surgical instruments in a patient’s body, and failing to maintain a sterile environment which causes the patient a serious infection.
Steps to Take
If you believe you have been a victim of medical malpractice you need the help of an experienced medical malpractice attorney to determine whether you have a valid legal claim for medical malpractice.
- Contact an Attorney – The first thing that you should do when you suspect that you may have been the victim of medical malpractice is to contact an attorney. A lawyer will review your case and determine whether you have a claim. In addition, your attorney will ensure that you do not say or do anything that could jeopardize your ability to recover compensation.
- Request Records and Have Them Reviewed By An Expert – Requesting a copy of your medical records is key to understanding what happened during treatment. Having an independent physician or other expert look at your records and assess what was done will help you get a better understanding of whether or not the medical professional is at fault. An experienced medical malpractice attorney can guide and assist you with the correct process for obtaining your medical records and then determining the best person to review those records.
- Don’t Wait Too Long – Most States prevent people from taking too long to bring a lawsuit and the time period can be as short as one year. Missouri and Illinois are no exception, as both have short Statute of Limitations periods. That is why it is important that you don’t sleep on your rights and contact an experienced medical malpractice attorney at the earliest opportunity.
Will you have to appear in Court?
Most Medical Malpractice cases are complex undertakings and in many jurisdictions it may be difficult to prevail if the case proceeds to trial. Medical malpractice lawsuits involve a thorough investigation of all the facts and consideration of a variety of legal issues. Determining whether or not it is in your best interest to settle out of court instead of proceeding to trial requires the advice and judgment of an experienced medical malpractice attorney. Often cases can be successfully resolved through an informal mediation process. The experienced medical malpractice attorneys at Kilo Flynn can advise you which course of action is in your best interest. They have the knowledge and skill to successfully present your case at mediation or in Court at trial.
Call a St. Louis Medical Malpractice Attorney Today
If you live in Missouri or Illinois and believe you have been a victim of medical malpractice, call Kilo Flynn at 314-647-8910 today to discuss the merits of your case. We are comprehensive with our investigations and will be able to give you a solid understanding your potential malpractice claim. We work with clients throughout the Missouri and Illinois, including the City of St. Louis, and the surrounding Missouri counties of St. Louis, St. Charles, Lincoln, Jefferson, Franklin and Crawford; and the Illinois counties of Madison, St. Clair and Monroe, to name a few. Call us today for a free consultation.