Medical malpractice claims can be challenging to prove and even harder to win. The attorney you work with must have in-depth experience in this particular area of law, a strong understanding of medical injuries, and a trusted network of medical specialists.
At Kempton & Russell, we have decades of experience bringing medical malpractice claims against negligent doctors, hospitals, nurses, and other medical specialists. We treat each claim with the highest level of care, providing individualized solutions that reflect the unique situations of each client. You deserve nothing less than our utmost dedication and hard work.
Medical malpractice is often characterized as an instance in which treatment from a medical professional falls below the accepted standards of care or violates a patient’s rights. Many people may be victims of medical malpractice and not even realize that their injuries and suffering were a result of a doctor’s malpractice.
The following elements can indicate medical malpractice:
In most cases, victims or the family of a victim of medical malpractice have up to two years from the date of their injury to file a claim. It may be difficult to tie your injury back to one specific date or incident.
An attorney can help you understand the intricacies of a medical malpractice claim and can help you understand the specific nature of your case. Not only can a skilled attorney investigate your claim but they can help you understand your rights and opportunity for recovery.
Our medical malpractice lawyers can represent claims in Missouri such as:
Medical negligence, or medical malpractice, can take many forms.
Depending on which medical professional caused the injury, medical negligence claims can be brought against:
However, when someone suffers an injury in a hospital or after a medical procedure, they might not know what kind of claim to file.
The following are some common examples of medical malpractice:
Some cases of medical negligence are blatant errors, including amputating the wrong limb or performing a treatment on the wrong patient. However, not all medical procedures that go wrong will be the basis of a claim. Only when a doctor fails to exercise reasonable care will a person be able to sue for damages.
This type of error can result in fatal or significant consequences. Whether it happens because a doctor fails to write down the correct dosage or type of medication or because whoever reads the prescription fills the wrong medicines, these kinds of mistakes could result in an allergic reaction or worse.
For example, if a patient needs a type of drug to recover from an illness, but they have been prescribed the wrong medication, the delay in receiving the correct treatment could worsen the condition to an extreme degree.
Sometimes physicians will fail to diagnose a problem another doctor in similar circumstances would have caught. If this happens, a person could sue for damages. However, if it’s an accident any reasonable, good doctor would make, you may not have a good case.
All hospitals and doctors do their best to minimize the potential for infection after surgery. However, post-surgical infections are incredibly real and scary problems. Unfortunately, the source of infection is difficult to prove, meaning even when these infections happen to admitted patients, negligence is not automatic.
Patients have a right to be fully informed of the consequences of a medical procedure in addition to the consequences of choosing to forgo it. If a doctor or staff member lies to a patient to secure their consent to perform a technique or surgery, this error can be both medical malpractice as well as medical battery.
Informed consent means doctors have accurately explained:
If the treatment resulted in an injury that was statistically so small your doctor didn’t mention it, he or she might not be on the line for negligence. Likewise, if a doctor suspects a person might be too emotionally fragile to handle the potential side effects of life-saving treatment, he or she might leave out details. In cases such as these, it becomes harder to prove negligence.
Since medical malpractice injuries are not always discovered right away, the statute of limitations to file a medical malpractice claim works differently than other personal injury claims. According to Missouri Revised Statutes Section 516.105, the Missouri medical malpractice statute of limitations is two years from the date you were injured or in some cases, the date you discovered your injury to file a claim.
If an injury victim is considered a minor under the age of 18 at the time of their injury, they have until their 20th birthday to file their claim. The statute of limitations can be a complex topic, call our firm today to learn how this law may affect your case.
Litigating medical malpractice claims can be difficult because of the complexities of medical injuries, the tendency of jury bias, and the extensive resources necessary to investigate a claim.
We respond to these obstacles with:
We also bring in the relevant medical specialists to validate your medical malpractice claim. Once you secure that important verification, we prepare your claim for trial. This proactive strategy provides us with important leverage in settlement negotiations. If a case cannot be settled with the desired outcome, you'll know that we are always ready to litigate for you.
During this challenging time, we are more than your attorneys. We are your biggest advocates and allies, fighting with insurers to get you the highest possible settlement. Tell us more about your accident and your struggles.
We are ready to listen. Our office is conveniently located in Sedalia, right across from the courthouse. Weekend and evening consultations are available by appointment.
Our Sedalia personal injury lawyers are ready to help you seek justice and financial recovery, no matter how complex your case may be, and no matter who the legal opponent is. Our legal advocates know how to assert clients’ rights against national insurance companies, large manufacturers, and other deep-pocketed opponents, coming away with legal victories for our clients time and again.
$6.463 million jury verdict in favor of a Missouri coal mining company because of the tortious interference by a state regulatory official with the coal company's agreement to sell to another company.
$4 million jury verdict in favor of an individual whose leg was amputated following a collision with a trailer that came loose from a pickup truck.