Missouri Medical Malpractice Attorneys
At Wallentine Injury Law, we understand how devastating it is when a trusted medical professional in Missouri fails to meet the appropriate standard of care. You rely on doctors, nurses, and hospitals to protect your health and well-being. When that trust is violated through negligence or error, the results can be life-altering. Victims of medical malpractice often face not only serious physical and emotional harm, but also overwhelming financial challenges.
Our experienced Missouri medical malpractice attorneys are here to help you take back control. We handle every aspect of your claim—from investigating the facts and building a strong case to identifying responsible parties and working with trusted medical professionals. Our goal is to secure the full compensation you deserve while allowing you to focus on your recovery.
You do not have to navigate this difficult time alone. Let Wallentine Injury Law provide the guidance and advocacy you need to pursue justice after a medical malpractice injury in Missouri. Contact us today to take the first step toward healing and holding negligent healthcare providers accountable.
What is Considered Medical Malpractice?
Before our team begins a medical malpractice claim with you, it is important to understand what exactly constitutes such a case. Wallentine Injury Law can help you navigate this process, but we have also provided the following information to aid in your understanding of medical malpractice.
Medical malpractice occurs when a healthcare provider causes harm to a patient by failing to meet the accepted standard of care. In Missouri, medical professionals, such as doctors, nurses, and hospitals, are legally obligated to exercise the same level of skill and care that a reasonably competent provider would under similar circumstances. When this duty is breached through negligence or error, and the patient suffers harm as a result, legal claims may arise, most notably a medical malpractice claim, a category of personal injury law.
Due to the vast variety of medical procedures, there are many injuries and legal claims that can develop from medical malpractice. Evidently, most serious medical malpractice claims arise from complex procedures with higher risks compared to less risky, routine procedures. Misdiagnosis, delayed diagnosis, failure to treat, medication errors, surgical errors, birth injuries, emergency room errors, and wrong treatment are some of the most common types of medical malpractice claims.
It is important to understand that not every poor outcome or disagreement with a doctor’s approach constitutes malpractice. Medicine involves complex decisions and risks. To succeed in a Missouri medical malpractice case, a patient must prove more than a mistake; specific legal elements must be met. In particular, the following must be established for a successful medical malpractice claim, as defined by Missouri’s Revised Statutes chapter 538:
- Duty of Care- To pursue a medical malpractice claim, it must first be shown that a valid doctor-patient relationship existed. This relationship creates a legal duty requiring the healthcare provider to deliver care consistent with accepted medical standards. Medical records, appointment histories, and related documentation typically establish this crucial element.
- Breach of Standard of Care- Once a duty of care is established, it must be proven that the provider failed to uphold the accepted standard of care under the circumstances. This means the provider’s actions—or failure to act—fell below what a reasonably competent healthcare professional would have done in a similar situation.
- Causation- It is not enough to show that the provider made a mistake; the breach must be directly linked to the harm suffered. The patient must prove that the provider’s negligence was the actual and proximate cause of the injury or worsening condition.
- Damages- Finally, the patient must demonstrate that they suffered significant and compensable harm as a result of the provider’s negligence. Damages may include physical injury, emotional distress, additional medical expenses, loss of income, and other measurable losses.
Proving all four of these elements in a medical malpractice case can be complex, but you do not have to face that challenge alone. At Wallentine Injury Law, our experienced Missouri medical malpractice attorneys have the knowledge, resources, and determination to gather crucial evidence and build a strong case against negligent healthcare providers. Let us handle the legal burden so you can focus on what matters most: your health and recovery.
How do Missouri Laws Affect my Medical Malpractice Case?
Each state sets its own rules applicable to medical malpractice litigation. While these rulings and statutes may appear similar across jurisdictions, it is critical to understand Missouri’s specific time limits to protect your right to compensation. The following rules apply to filing a medical malpractice claim in Missouri:
- Statute of Limitations–Like Kansas, Missouri has a 2-year statute of limitations for medical malpractice claims. This means that you have 2 years after the injury occurred to file a claim. If the injury incurred is not discovered immediately, you have 2 years to file from when the injury should have been reasonably discovered.
- Statute of Repose– Missouri offers a generous statute of repose of 10 years for medical malpractice cases. This gives a definitive time limit to file a claim, regardless of when the injury was discovered.
- Affidavit of Merit–Missouri requires that the plaintiff submit an affidavit of merit within 90 days of initiating a medical malpractice lawsuit. The affidavit of merit proves the claim’s legitimacy by requiring a qualified and trusted medical professional to review the case and certify that the defendant breached the standard of care, resulting in harm to the patient.
- Expert Witness- To further justify case legitimacy, Missouri requires an expert witness as licensed in the state or a contiguous state. The expert must operate within the same healthcare specialty as the defendant.
As mentioned previously, filing your medical malpractice claim promptly is vital to the success of your case. Don’t miss out on the compensation you deserve after a medical injury– contact our team today to begin your journey to recovery.
What Kind of Compensation Can I Be Awarded?
Injuries caused by medical malpractice can be life-altering, and in some cases, life-threatening. Any compensation awarded should fully reflect the seriousness of the harm suffered. The trusted attorneys at Wallentine Injury Law have extensive experience handling medical malpractice claims throughout Missouri and are dedicated to pursuing the compensation you deserve. The following types of damages may be awarded in a medical malpractice case:
- Economic Damages– These include measurable financial losses such as current and future medical expenses, lost wages or earning capacity, rehabilitation costs, and any other out-of-pocket expenses directly caused by the provider’s negligence. Missouri does not have a cap on economic damages of a medical malpractice claim.
- Non-Economic Damages– These cover the more personal and intangible effects of the injury, such as pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and disfigurement, that do not have a set dollar value but can have a profound impact on a person’s quality of life. Missouri sets a $450,000 cap on non-economic damages of most medical malpractice cases. This is increased to $787,671 when catastrophic injuries such as paralysis are involved.
Contact our Missouri Medical Malpractice Lawyers
Medical malpractice is a serious and complex matter—one that should never be faced alone. At Wallentine Injury Law, we are committed to serving as the trusted legal team you can rely on throughout every step of the process. Whether through a negotiated settlement or at trial, we work tirelessly to secure a resolution that meets your needs and supports your recovery. Contact our Missouri attorneys today for a free consultation. We are here to listen to your story, provide trusted guidance, and help you begin your path toward healing and justice.
