When to Hire a Medical Malpractice Attorney

Medical malpractice can have devastating consequences for patients and their families. If you or a loved one has been harmed by the negligence of a healthcare provider, you may be uncertain about when to seek legal help. Hiring a medical malpractice attorney at the right time is essential for protecting your rights and obtaining the compensation you deserve.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to meet the standard of care expected in their profession, leading to harm. The "standard of care" refers to the level of skill and treatment that a reasonably competent healthcare professional would provide under similar circumstances.

Common examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication errors
• Birth injuries
• Failure to obtain informed consent
• Improper treatment or failure to treat
• Hospital-acquired infections

If you suspect you’ve been the victim of medical negligence, you may be entitled to compensation. However, proving medical malpractice is complex, making it important to know when to hire an attorney.

Signs You Need a Medical Malpractice Attorney

Severe Injury or Death

When medical care results in serious injury, permanent disability, or death, consulting a medical malpractice attorney is critical. These outcomes often lead to significant medical bills, lost wages, and a reduced quality of life. An attorney can evaluate the damages and determine if negligence contributed to the harm.

Suspected Negligence

If something went wrong during your treatment and you suspect negligence, it is important to seek legal advice. A lawyer can review your medical records, consult with experts, and help you determine whether the standard of care was breached. Even without all the facts, an attorney can help uncover potential malpractice.

Lack of Communication from Healthcare Providers

Healthcare providers must communicate clearly with patients, particularly when things don’t go as planned. If your doctor or hospital avoids your questions, withholds important information, or fails to explain unexpected outcomes, it may indicate negligence. A medical malpractice attorney can investigate and hold healthcare professionals accountable.

Complex Medical Procedures

Complicated surgeries or treatments are more prone to errors. If you suspect mistakes during a complex procedure, an attorney can help. They will work with medical experts to evaluate your care and identify whether errors contributed to your injury.

Insurance Companies Denying or Minimizing Claims

Insurance companies often undervalue or deny valid medical malpractice claims. If you encounter resistance from an insurer, a medical malpractice attorney can help ensure you receive fair compensation. Their expertise can balance the legal battle between you and the insurance companies.

How a Medical Malpractice Attorney Can Help

Hiring a medical malpractice attorney can make a significant difference in the success of your case. Here's how an attorney can assist:

• Case Evaluation: An attorney will review your medical records, consult with experts, and assess whether negligence occurred. They will also evaluate the damages you may be entitled to, such as medical costs, lost wages, pain and suffering, and future care needs. In Missouri, non-economic damages, such as pain and suffering, are capped at $400,000 for personal injury and $700,000 for catastrophic injury or death, with yearly adjustments for inflation (RSMo § 538.210).
• Filing the Lawsuit: Missouri law typically allows two years to file a medical malpractice lawsuit, starting from the date of the injury or the date the injury was discovered (or should have been discovered). There are exceptions, such as foreign objects left in the body or failure to diagnose, which may extend the filing period. However, Missouri also enforces a statute of repose, which caps claims at ten years from the date of the malpractice, except for certain cases involving minors and a few other exceptions (RSMo § 516.105). An attorney can ensure your claim is filed within these timeframes.
• Building a Strong Case: Proving medical malpractice requires extensive evidence, including medical records, expert testimony, and documentation of your injuries. An experienced attorney knows how to gather and present the necessary evidence to strengthen your case.
• Negotiating with Insurance Companies: Insurance companies often try to settle malpractice claims for less than they are worth. A medical malpractice attorney can negotiate to ensure you receive a fair settlement that accounts for your current and future needs.
• Taking the Case to Trial: If a settlement cannot be reached, your attorney will take your case to court. They will present your case to a judge or jury, advocating for the maximum compensation allowed under Missouri law.

Act Quickly to Protect Your Rights

Medical malpractice cases are subject to strict deadlines under Missouri law. Delaying your decision to hire an attorney could limit your ability to seek compensation. Consulting with a lawyer as soon as possible ensures that your rights are protected, and that your case remains viable.

Ensuring Justice After Medical Negligence

Medical malpractice is a complicated area of law that requires specialized legal knowledge. If you or a loved one has suffered harm due to medical negligence, having an experienced attorney from Harper, Evans, Hillbrenner & Netemeyer can make a significant difference in your case. Our team is committed to guiding you through the legal process and securing the compensation you need to recover and move forward with your life.