If you or a family member are hurt because your medical provider’s actions or omissions did not meet accepted professional standards, you may be able to bring a medical malpractice lawsuit. Medical malpractice claims can be some of the most difficult claims to prove. It is especially important, to hire a Columbia medical malpractice lawyer who has decades of experience with medical malpractice cases. The AW Smith Law Firm has experience at litigating and winning medical malpractice cases that have been worth millions and millions of dollars. The AW Smith Law Firm also partners with some of the nation’s largest and most successful, medical malpractice law firms. These partnerships allow our personal injury team to handle even the largest and most difficult medical malpractice cases.
In order to win a medical malpractice case, there is a lot more to prove than a failure to diagnose or treat by a physician, surgeon, nurse, hospital or clinic. A medical malpractice lawsuit is won by proving numerous conditions and failures existed and/or occurred, during the course of treatments.
First a Columbia medical malpractice lawyer must prove that a doctor/ patient relationship, actually existed in the first place. Then, there needs to be a provision of care proven, that falls or fell below the accepted medical standards of care. Often these provisions of care include; decisions made on how to treat and when to treat, decisions on the types of treatments and/or a failure to treat, and/or a misdiagnosis. It must be proven that these provisions of care fell below the accepted medical standards of care, and that there was a breach in that standard of care, that resulted in medical negligence, according to Missouri Law. Next to be proven in a medical malpractice case is that a “causal connection” existed between the hospital, clinic or physicians medical negligence and the patient’s injuries suffered or the harm they suffered, as a result. These injuries or the patient’s harm also has to be quantifiable harm, as in damages that occurred to the patient as a result of the negligence.
Many times the causal connection and the quantifiable damages are the most difficult to prove due to many other illnesses, injuries, treatments or side effects the patient is experiencing.
At the AW Smith Law Firm, P.C., our Columbia medical malpractice lawyers hire the best medical experts in the U.S. to provide key evidence and testimony to the jury. It is crucial the jury understands the illness or injuries of the patient/plaintiff, what the appropriate diagnosis and treatments should have been and what the hospital, doctor or surgeon did or did not do, that fell short of the acceptable medical standards of care, thereby, breaching their duties of care and/or how they contributed to medical negligence.
In Missouri, medical malpractice lawyers will need to submit an affidavit of merit stating that the expert agrees the defendant’s negligence caused your patient’s injuries. This affidavit needs to be filed within 90 days of filing the complaint. If more than one medical professional is believed to have caused the harm, an affidavit of merit must be filed with respect to each of them.