St. Louis Medical Malpractice Attorney

medical malpractice

We rely on healthcare professionals and facilities to make us better when we are injured or ill. As patients, we have a right to expect responsible care. When a medical professional fails to provide that care, though, you can suffer severe injuries and further illness. You may be left with unnecessary medical bills and miss time from work. Plus, your loss of faith in medical providers can cause severe emotional distress.

St. Louis Medical Malpractice Lawyer

If you have been hurt or lost a loved one due to a medical professional’s negligence, you have the right to demand answers. You may be entitled to seek compensation through a medical malpractice claim. Medical malpractice cases require extensive evidence and specific medical knowledge, though. So it is crucial to hire an attorney who has specific experience and a proven track record of winning medical malpractice lawsuits. At Sumner Law Group, LLC, our attorneys have the knowledge, skills, and resources to help you.

Contact us now for a free and 100% confidential case evaluation with a trusted St. Louis medical malpractice lawyer.

Types of Medical Malpractice Claims Our Firm Can Help With

Our medical malpractice lawyers in St. Louis have experience successfully handling a broad range of claims involving:

  • Surgical and Hospitalization Errors. Surgeons could make errors during procedures, including performing procedures on the wrong patient, performing the wrong procedure, performing a procedure on the wrong site (such as amputating the wrong limb), leaving tools inside the patient, and other medical mistakes. Hospitals can commit errors by failing to monitor a patient after surgery or failing to provide a patient with necessary post-surgical instructions.
  • Medication Prescribing Errors. Doctors can make medication errors by prescribing the wrong medication to a patient or calculating too small or too large a dose. Pharmacists can make errors in filling prescriptions, including misinterpreting a doctor’s instructions. Nurses and other medical providers can erroneously administer medication to the wrong patient or fail to follow a medication schedule.
  • Hospital Negligence. Hospital negligence can include causing injuries while transferring patients, failing to monitor or assist patients who represent a fall risk, or failing in infection-control procedures that result in a patient succumbing to a hospital-acquired infection.
  • Errors Involving Anesthesia. Anesthesia errors include administering too little anesthesia, which can allow a patient to wake up during a procedure, or administering too much anesthesia, which can trigger complications. Anesthesia teams are responsible for monitoring a patient’s vitals during surgery, and they may fail to recognize or communicate to the surgical team when a patient begins to suffer surgical complications.
  • Delays in Diagnosis. Delayed diagnosis or misdiagnosis can cause harm to a patient by having the patient undergo unnecessary treatment for a condition they do not have or by allowing the patient’s real condition to go untreated.
  • Emergency Room Lapses. Emergency room personnel can commit errors in failing to properly diagnose and triage an ER patient or by prematurely discharging a patient and allowing the patient’s condition to worsen.
  • Birth Injuries. Delivery teams can inflict injuries on a child during birth, including physical trauma due to negligent use of vacuums and forceps on the baby, or neurological damage caused by complications during childbirth, such as shoulder dystocia or hypoxia (lack of oxygen), which can lead to brain damage.
  • Adverse Reactions and Infections. Medical providers can be held responsible when patients suffer harm from adverse reactions to medications or medical implants, as well as infections from implants, surgeries, and other medical procedures.

What Do You Have to Prove in a Medical Malpractice Claim?

Not every adverse outcome from medical treatment is caused by malpractice. Medicine represents an ever-evolving science. Despite a medical provider’s best efforts, a patient can still end up in a worse condition following treatment. A patient is only entitled to bring a malpractice claim if the patient’s medical provider committed negligence in treating the patient.

To establish a provider’s negligence in a medical malpractice claim, you will need to prove that:

  • You had a provider-patient relationship. This relationship is presumed in most malpractice cases. However, you may need to show that a provider was affirmatively engaged in your care.
  • Your provider did not meet the applicable standard of care in your treatment. In other words, your doctor did not perform the actions and treatment decisions that another medical provider of similar training and experience would have undertaken in identical circumstances. This recognizes the fact that medical science is always-evolving. Even if your provider made an error in your treatment, if other providers would have made the same treatment decisions, then the law does not recognize it as medical malpractice.
  • You were harmed and suffered compensable losses as a result. You must show that you suffered harm and incurred some sort of loss that you can be compensated for, such as additional medical treatment that you would not have needed but for your provider’s malpractice. Those losses can also include the additional time you missed from work and the pain and suffering caused by your worsened condition.

How Our Medical Malpractice Attorneys Can Help with Your Case

If you believe that you have been harmed by a healthcare provider’s negligence, you should not have to pursue financial compensation and justice alone. Let the St. Louis medical malpractice attorneys of Sumner Law Group, LLC, take the pressure off you by:

  • Working with highly respected medical experts to review your case and develop an effective, persuasive argument to show how your provider’s actions fell below the standard of care and how that caused you to suffer injuries and damages
  • Helping you collect records of your damages, including medical bills and pay stubs, and helping you build an effective case for compensation for your pain and suffering and lost quality of life
  • Identifying all potentially liable parties, including individual medical providers, medical practices, and healthcare facilities
  • Filing your claims with the responsible parties and their insurers, and aggressively pursuing a settlement for the full compensation you are entitled to receive
  • Preparing for the possibility that your claim will end up going to trial, and being ready to fight for you through to a verdict

At Sumner Law Group, LLC, we strive to make the process as efficient as possible for you. This starts with building a close relationship with you to understand your goals and needs. That allows us to craft a legal strategy aimed at getting you the results you want. We want you to feel comfortable working with us. That is why you will always have direct communication with the attorney handling your case. Your attorney will meet with you anywhere and anytime that is convenient for you.

We also recognize the huge financial burden that an injury or illness can place on you. For that reason, we never charge for initial consultations, and you do not owe us any fees unless and until we win compensation for you in a settlement or at trial.

Compensation for Injuries Caused by
Medical Negligence

Medical malpractice can leave you with long-lasting and debilitating injuries. As a result, you may be entitled to compensation for these damages that can arise due to medical negligence:

  • Costs to treat injuries and conditions caused by the malpractice
  • Care costs arising from debilitating injuries or disabilities Such as home health services or renovations to your residence to accommodate disabilities you suffered due to the malpractice
  • Lost wages or income Due to missed work during your recovery
  • Lost earning capacity If you suffer disabilities that prevent you from returning to your pre-injury work
  • Pain and suffering Or the physical and emotional anguish caused by your injuries
  • Lost enjoyment or quality of life Such as that due to disabilities, physical disfigurement, or reduced life expectancy

In certain cases where a medical provider commits an egregious error or act of recklessness that shocks the conscience, an injured victim of malpractice may be entitled to a punitive award from the at-fault medical provider. Punitive awards do not compensate an injured victim for any loss. Instead, they are intended to punish the at-fault party for the egregious conduct and serve as a deterrent or warning to others to avoid committing similar conduct.

St. Louis Medical Malpractice Attorney
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St. Louis Medical Malpractice Attorney

Statute of Limitations on Medical Malpractice in Missouri

Missouri places a time limit, called the statute of limitations, on a lawsuit to recover compensation for medical malpractice. Typically, you must file your lawsuit within two years from the date of the alleged error or negligence committed by your medical provider.

If the error involved a provider negligently leaving equipment or other foreign materials inside your body, you have two years from the date you discovered (or should have discovered through reasonable diligence) the foreign object.

Minor children who are injured by medical malpractice have until their 20th birthday to file their lawsuit, regardless of when the medical provider’s negligence occurred.

You may be entitled to extend the statute of limitations if you do not initially discover that you have been harmed by medical malpractice. However, under Missouri’s statute of repose for medical malpractice claims, you cannot file a lawsuit for negligent treatment that occurred more than 10 years ago, regardless of when you discovered your injury. The statute of repose does not apply to injured minors, who still have until their 20th birthday to file suit for malpractice.

If you file your suit after the statute of limitations or statute of repose has expired, the court will have grounds to permanently dismiss your case. When that happens, you will lose your right to pursue compensation in court.

St. Louis Medical Malpractice Attorney

Talk to a St. Louis Medical Malpractice Lawyer Now

If you were the victim of medical malpractice in St. Louis, Sumner Law Group, LLC, is ready to help you get answers and demand fair compensation. You should be able to trust that you are in good hands when being treated for an injury or illness. When a medical professional or facility fails in their duties to you, you have the right to seek justice.

Call us for a free consultation with one of our knowledgeable St. Louis medical malpractice lawyers. We can help you pursue the justice you deserve.

Medical Malpractice

What is medical malpractice?

Medical malpractice occurs when a healthcare provider renders treatment that falls outside the scope of the applicable standard of care in a patient’s case, and the patient suffers injuries or medical complications because of the substandard treatment. Although the specifics of the standard of care vary from patient to patient, professionals generally define the standard of care as the treatment or decisions that other medical professionals of similar training and experience would undertake in identical circumstances.

How do I file a medical malpractice lawsuit?

Missouri law requires plaintiffs to file an affidavit of merit certifying the merit of their claim. The affidavit must certify that the plaintiff or their attorney obtained a written opinion from a legally qualified healthcare provider stating that the defendant failed to use reasonably prudent care in the plaintiff’s treatment and directly caused or contributed to the harm they suffered.

What will it cost me to file a medical malpractice lawsuit?

At Sumner Law Group, we represent victims of medical malpractice at no upfront cost. We offer free initial consultations so prospective clients can understand their legal rights and options and learn more about how we can help them seek financial recovery. Clients owe us no fee unless we win compensation for them. We typically retain a portion of the total recovery we secure for a client as our legal fee.

How long do I have to take legal action about my surgery?

Under Missouri’s statute of limitations on medical malpractice cases, plaintiffs must take legal action within two years of the date of a healthcare provider’s negligent act or omission. However, several exceptions may give someone more time to take legal action. For example, if a surgeon leaves an object inside a patient’s body, the patient may have two years from the date they discovered or reasonably should have discovered the object. In addition, minors who suffer injuries or health complications from medical malpractice have until their 20th birthday to file a lawsuit. 

Finally, the statute dictates that, under any circumstances, a plaintiff must file their lawsuit within 10 years of the negligent treatment or two years after a minor’s 18th birthday, whichever occurs later.

How can I prove medical negligence?

Examples of evidence your attorney might use to prove that your injuries or health complications occurred due to medical negligence include:

  • Your medical records
  • Testimony from medical professionals involved in your treatment
  • Treatment and progress notes
  • Staffing records
  • Medication records
  • Diagnostic test results
  • Second medical opinions

You may also need reports and testimony from medical experts explaining how your provider’s actions or decisions fell outside the standard of care and caused the injuries or harm you’ve suffered.

Can I sue a hospital for medical malpractice?

You may have the right to sue a hospital for medical malpractice when you suffer harm due to negligent care from hospital staff, including a nurse or technician. Many doctors who practice in hospitals do so as independent contractors, meaning the hospital may not be vicariously liable for the doctors’ negligence. However, you may have a direct claim against the hospital if its actions were negligent, such as negligently granting privileges to the doctor who caused your injury.

Do I need a lawyer for a malpractice case?

Medical malpractice cases frequently involve complex medical and legal issues. Our experienced medical malpractice attorneys know what evidence is required to prove your claims and can build a compelling legal case to fight for maximum financial recovery for you.

Hiring our malpractice attorneys can help you recover the compensation and justice you deserve. Contact Sumner Law Group, LLC, today for a free, no-obligation consultation to discuss your legal options.

St. Louis Medical Malpractice Attorney