Are You a Victim of Medical Malpractice

How to Know When You’re a Victim of Medical Malpractice

Injury and loss are difficult enough to navigate on their own, but trying to piece together if the damage you have sustained was caused by negligence on the part of a medical professional adds a whole new world of complication. Especially because when attempting to prove medical malpractice, medical practices may try to shirk responsibility and claim it was an error on the side of the patient.

Here is how to know you are a victim of medical malpractice.

Understanding Medical Malpractice

In St. Louis, Missouri, there are a few points of criteria regarding what constitutes medical malpractice:

1. Duty of Care

You must prove that the medical professional(s) owed you a duty of care as a patient. (i.e., they were your healthcare provider.)

2. Breach of Care

You must prove that the medical professional(s) did not provide you the proper medical care according to accepted standards of care in the medical field. (i.e., what your doctor did is not what most doctors in their position would do.)

3. Causation

You must prove that the medical professional(s) breach of care is what caused you injury, loss, and/or damages.

4. Damages

You must prove that you did, in fact, suffer actual damage due to the healthcare provider’s neglect. (i.e., additional medical expense(s), pain and suffering, loss of wages, emotional damages, etc.)

Overall, it is a matter of clearly demonstrating that the failure to provide proper medical care is  what caused damage or loss. Breach of care is typically the most difficult to prove. And, with that, Missouri has additional hurdles that a victim of medical malpractice must overcome.

1. The statute of limitations in Missouri is only 2 years.
2. Expert witnesses must be used in the case and must be in the same specific specialty as the healthcare provider allegedly at fault.
3. There is a $450,000 limit on the amount of damages you can recover for non-economic damages.
4. An affidavit of merit is required from a medical expert that practices the same specific specialty as the healthcare provider allegedly at fault.

These other elements make a case in Missouri supremely more complicated and require a lot from the victim, making legal support far more valuable than it already is.

Does This Sound Like You?

If you find yourself in a situation where you strongly suspect or can confirm that you are a victim of medical malpractice, it is absolutely crucial to act fast. The two-year statute of limitations is decently shorter than most states. In all cases, if possible, it is always best to pursue litigation sooner rather than later. But for cases with a much shorter timeline in which to pursue, it is even more vital. Additionally, litigation can be a very long and costly process, so acting quickly can support a swifter path to compensation as details are still fresh in the mind and in your records.

If you allow more than two years to pass, you may not be able to receive the compensation you deserve. So, act now, and start turning to researching medical malpractice lawyers that can help guide you through ensuring you are eligible to pursue compensation and everything that comes with that arduous journey.

Thompson Law Can Help

The legal world is intimidating, precise, and difficult to navigate. Thompson Law is here to help lift this weight off your shoulders with compassionate and thorough care for each and every client that crosses our threshold.

If you believe you have a medical malpractice claim, contact Thompson Law for a free consultation, and let us support you in your fight for compensation.