If you or a loved one have been victim of a medical error, you should immediately contact an attorney who is experienced with medical malpractice law in St. Charles, MO. There are many situations when a medical error can occur such as:
- Birth injuries
- Blindness or vision impairment
- Blood clots
- Cancer treatments
- Cerebral palsy
- Hospital or nursing errors
- Nursing home abuse
- Prescription errors
- Spinal cord injuries
- Surgical errors
- Traumatic brain injuries
Proving this type of case is difficult and it requirse the knowledge and experience of a medical malpractice attorney. Medical providers will not admit to a mistake, and an experienced attorney will review the medical records and identify the medical errors that have occurred.
Statute of Limitations
There is a two-year statute of limitation in Missouri for filing a medical malpractice claim. There are some exceptions to this law that include a physician failing to explain or provide test results and it’s been more than two years since the discovery, or if a doctor left something inside of an individual and it wasn’t discovered before the two-year time limit.
Financial Caps on Medical Malpractice Claims
Missouri no longer has a cap on medical malpractice claims nor on awards for pain and suffering. There is a special rule that governs joint damages when more than one individual is responsible for a medical malpractice claim. If a medical provider is more 50 percent or more responsible for the injuries an individual suffered, they could be financially responsible for the injuries.
Proving a Case
An attorney who is experienced in medical malpractice law in St. Charles, MO will have to file an affidavit of merit within 90 days of filing a medical malpractice claim. The affidavit shows that an expert was consulted and that another individual was negligent and caused another individual’s injuries. In addition to the affidavit, the attorney will have to continue to collect evidence in the case.
There are many steps in a medical malpractice lawsuit and it can be very confusing if an individual doesn’t have the help of an experienced attorney. It is important to find more information about filing a medical malpractice claim before determining if it will be successful.
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