Experienced Medical Malpractice Lawyer
Medical professionals are entrusted with the critical responsibility of providing care that meets established standards. When they deviate from these standards, resulting in harm to patients, it constitutes medical malpractice. At the Eslinger Law Firm, we are committed to representing individuals in Missouri and Kansas who have suffered due to medical negligence, ensuring they receive the justice and compensation they deserve. Eslinger Law Firm can be reached at 816-259-5226.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider's actions or omissions fall below the accepted standard of care, leading to patient injury. Common instances include:
- Misdiagnosis or Delayed Diagnosis: Failing to correctly diagnose a condition or delaying a diagnosis can prevent timely treatment, worsening the patient's health.
- Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving instruments inside the patient, can have severe consequences.
- Medication Errors: Prescribing or administering incorrect medications or dosages can lead to adverse reactions or ineffective treatment.
- Birth Injuries: Negligence during childbirth can result in injuries to both the mother and child, some with lifelong implications.
- Failure to Inform: Not informing patients about the risks associated with treatments or procedures denies them the opportunity to make informed decisions about their healthcare.
Why File a Medical Malpractice Lawsuit?
Pursuing a medical malpractice claim serves multiple purposes:
- Accountability: Holding healthcare providers accountable promotes higher standards of care and deters future negligence.
- Compensation: Victims can recover damages for medical expenses, lost wages, pain, suffering, and other related costs.
- Prevention: Highlighting instances of malpractice can lead to systemic changes, improving patient safety overall.
Medical Malpractice Laws
Navigating medical malpractice claims involves understanding specific legal provisions:
Statute of Limitations: In Missouri, medical malpractice claims must generally be filed within two years from the date of the alleged negligent act. However, exceptions exist:
- Foreign Objects: If a foreign object is negligently left in a patient's body, the lawsuit must be filed within two years from the date the object is discovered or should have been discovered with reasonable diligence.
- Failure to Inform: In cases where a healthcare provider fails to inform a patient of medical test results, the patient has two years from the date of discovery or when they should have discovered the failure to file a lawsuit.
- Minors: For individuals under 18 years of age, a medical malpractice lawsuit can be filed up until their 20th birthday.
- Statute of Repose: Regardless of the above exceptions, no medical malpractice action can be initiated more than ten years after the date of the alleged negligent act.
- Affidavit of Qualified Health Care Provider: Missouri law requires that within 90 days of filing a medical malpractice lawsuit, the plaintiff must submit an affidavit stating that a qualified health care provider has reviewed the case and determined that the defendant failed to provide the appropriate standard of care, resulting in harm to the patient. Failure to file this affidavit can lead to dismissal of the case.
How Our Law Firm Can Assist You
At the Eslinger Law Firm, we understand the complexities involved in medical malpractice cases. Our approach includes:
- Case Evaluation: We thoroughly review medical records and consult with medical experts to assess the viability of your claim.
- Evidence Collection: Our team gathers crucial evidence, including medical documentation and expert testimonies, to build a robust case.
- Negotiation: We engage with insurance companies and opposing counsel to seek fair settlements that reflect the full extent of your damages.
- Litigation: If necessary, we are prepared to represent you in court, advocating passionately on your behalf to achieve a favorable verdict.
Contact Our Law Firm Today
If you or a loved one has been a victim of medical malpractice in Missouri and Kansas, don't navigate this challenging time alone. Contact the Eslinger Law Firm for a comprehensive evaluation of your case. Our dedicated team is here to guide you through every step of the legal process, ensuring you receive the justice and compensation you deserve.