Most seek out medical care in the hopes that their doctors and health care providers could help cure or treat their ailments. But there are many cases where patients, unfortunately, end up getting further injured or sick as a result of a medical error.
If you or a loved one sustained severe injuries due to the negligent actions of a medical professional, reach out to an experienced personal injury attorney.
Our experienced legal team at the A.W. Smith Law Firm have years of experience helping injured individuals recover compensation for their injuries. A Moberly medical malpractice lawyer could help you evaluate your options for relief and take you through the steps you could take next to get you closer to recovery.
Medical malpractice is a subset of negligence that deals with instances where a patient is injured by their health care provider in the course of receiving treatment. Grounds for medical malpractice could range from failing to properly diagnose, to using the improper course of treatment for a given injury or illness.
The primary difference between an ordinary negligence case and a medical negligence case is the standard of care attributed to the wrongdoer. In negligence cases, the plaintiff is required to show that the defendant breached their duty of care by failing to act as a reasonable person under the circumstances.
However, in medical negligence, there is a heightened standard of care that must be shown. A skilled medical malpractice attorney in Moberly would be required to prove that the defendant failed to provide the level of care that prudent health care professional would have with the same training and experience under similar circumstances.
One of the first determinative factors that could impact a person’s ability to recover damages is the statute of limitations. A statute of limitations gives plaintiffs a deadline to file their cause of action. If the injured claimant files their case after the statute of limitations, they lose the right to seek compensation from the defendant. In the State of Missouri, injured individuals have two years from the date of the medical error to file their case according to Missouri Revised Statutes §516.105.
Missouri sets another requirement in order to file a medical malpractice claim. The plaintiff’s medical malpractice attorney is required to file an affidavit within 90 days of the commencement of the lawsuit. It must state that the plaintiff obtained a legally qualified health care provider who concluded that the defendant failed to meet the medical standard of care, which serves as the basis of the lawsuit at hand.
A knowledgeable attorney at the A.W. Smith Law Firm could ensure that all claims and supporting documentation are filed correctly and promptly.
Successfully handling a complex medical malpractice case could take a lot of time, money, and experience. Taking on defense law firms and insurance companies could be a challenging task, especially without legal support.
An experienced Moberly medical malpractice lawyer could be your ally and advocate on your behalf. They could fight by your side, zealously advocating for your relief efforts. You could rest assured knowing that a legal professional at the A.W. Smith Law Firm is working hard to help you seek compensation for your damages. Call today to schedule a consultation.