Medical malpractice is an injury or death that is caused by a healthcare
professional due to his or her negligence. The area of medicine requires a
high standard of care. The failure of the institution or healthcare professional
to meet these standards renders that entity negligent. An institution or
healthcare professional's failure to treat you with the quality of care that is
required of them may constitute medical malpractice. If you believe that you
or someone you know has fallen victim to medical malpractice, you need to
be advised of your rights.
Medical malpractice can occur in all areas of medicine. However, healthcare
institutions are good at keeping things quiet. Unless you are present in the
environment and or know the protocol it is unlikely that you would be
alarmed. Thus, having an attorney that knows hospital protocol and medical
terminology will assist you in spotting and working the claim.
To prevail in any negligence claim four elements must be proven: 1. Duty
owed, 2. Breach of that duty, 3. Proximate or legal cause, and 4. Damages.
Although the elements of negligence are a few, indeed they are complex and
expensive to litigate. In the state of Missouri before an attorney is able to file
a medical malpractice suit, the attorney must first hire an expert witness
such as a doctor or other experienced health profession to show that there
was a breach of duty from that of the normal standard of care. This explains
why almost all of these cases are based on contingency fees since most
individuals would be unable handle the attorney fees, expert fees, and other
expenses related to the claim.
The assistance of a qualified medical malpractice attorney is necessary in
order for you to be able to collect the proper amount you deserve. We do
not charge a consultation fee to evaluate your case.