Medical Malpractice

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Medical Malpractice Attorney in St. Louis, MO

Though one would expect that visiting a doctor would help them get better (or, at least, not get worse) when seeking medical treatment, there is always the risk that a medical error can injure a patient. One study even suggests that these mistakes make up the third leading cause of death in the United States.

Fortunately, Missouri health law gives injured patients the right to pursue injury compensation for any losses they suffer as a result of a healthcare provider’s negligence. But at the same time, providers and their insurers fight hard against malpractice claims, so you will often need an experienced and knowledgeable medical malpractice attorney fighting for you. And The Hayden Law Firm St. Louis Accident & Injury Lawyers is here to help.

Founded in 2019, The Hayden Law Firm St. Louis Accident & Injury Lawyers is proud to represent and fight for those who are injured. We understand the challenges you may face when going up against powerful at-fault parties and their insurers, so contact us to discuss your injuries and how our St. Louis, MO, medical malpractice law firm can help you recover fair compensation.

When You May Need a Medical Injury Attorney

Under Missouri health care law, you cannot pursue an injury claim simply because you suffered an adverse or undesired outcome from your medical treatment. Instead, malpractice claims may only arise when you have been the clear victim of medical negligence.

Negligence in the field of healthcare occurs when a provider fails to meet their professional standard of care when treating you. More specifically, your lawyer must show that the provider did something a reasonable provider (one exercising ordinary caution) would not have done. 

With that in mind, medical negligence claims are not all the same. Instead, they typically fall into a few broad categories. If you experienced any of the following medical errors, you should consider talking to a malpractice attorney:

Diagnosis Error

A diagnosis error occurs when you receive an incorrect diagnosis. And as you might expect, these mistakes involve serious consequences. Approximately 795,000 patients in the U.S. suffer permanent injury or death due to these incidents.

Examples of diagnosis errors include things like:

  • Receiving a diagnosis of one condition when you have a different condition
  • Not receiving any diagnosis when you have a disease or condition
  • Receiving a diagnosis when you do not have a disease or condition

For example, you experience a diagnosis error when you have lung cancer, but the doctor diagnoses you with pneumonia instead. Another instance would be when your doctor fails to spot the tumor in your lungs and gives you a clean bill of health. In both of these cases, your cancer grows untreated due to the incorrect diagnosis. 

Misdiagnoses can be just as devastating. Suppose that you do not have cancer but receive a cancer diagnosis anyway. As a result, you would receive unnecessary treatment and experience all the side effects of chemotherapy for no reason.

Treatment Error

Treatment errors happen when your doctor makes a mistake while performing a procedure. Common causes of treatment errors include:

  • Inattention
  • Carelessness
  • Intoxication
  • Lack of training

As for examples of common treatment errors, a surgeon may leave an instrument inside a patient. Alternatively, an anesthesiologist might push too much anesthesia, leading to an overdose and causing a brain injury. There’s also wrong-site surgery, wherein hospital negligence (in the form of careless staff) leads to an operation on the incorrect body part.

Communication Error

Communication errors happen when a mistake or misunderstanding occurs between the following parties:

  • Patients and doctors
  • Doctors and staff
  • Laboratories and doctors
  • Multiple doctors

A common communication error happens when two or more patients’ records get mixed up. The resulting confusion leads to patients receiving incorrect treatment simply because the providers had the wrong information.

How a Medical Malpractice Attorney Helps You

Missouri state law gives patients injured by provider negligence the right to seek compensation for the losses caused by their injuries. These losses might include things such as:

  • Medical expenses for corrective treatment
  • Lost wages
  • Diminished future earning capacity

A St. Louis medical lawyer stands up for patient rights against negligent healthcare providers and their malpractice insurers. They will help you calculate these losses so you can pursue a settlement or damage award that covers them. 

Most malpractice cases start with an insurance claim. Your personal injury lawyer will prepare the claim, explaining what happened and why the medical provider bears legal liability for your injury. The claim will also include supporting documentation gathered by the lawyer, such as medical records and bills.

Your lawyer will then battle the insurance company’s adjuster by responding to any claim denials. If the insurer accepts the claim, the lawyer negotiates with the adjuster for a fair settlement.

However, in many cases, insurers will refuse to withdraw denials or negotiate a settlement. When this happens, you and your attorney may need to pursue medical litigation to push the insurer toward a resolution of your claim.

Without a lawyer’s keen eye and analytic skills, you will never know how much to ask for or be able to determine when you have received a fair settlement offer.

Contact a Malpractice Lawyer at The Hayden Law Firm St. Louis Accident & Injury Lawyers

Medical malpractice can cause costly injuries that disable you from earning a living or caring for yourself. A malpractice attorney from The Hayden Law Firm St. Louis Accident & Injury Lawyers will stand up to doctors, hospitals, and malpractice insurers so you can focus on your health. Contact us for a free consultation to discuss your case.