Medical malpractice occurs in nearly every healthcare setting across the nation. It is so prevalent that according to the Centers for Disease Control (CDC), it is now the third leading cause of death in the United States. Many different situations could constitute medical malpractice such as distributing the wrong drug, amputating the wrong limb, and even a failure to diagnose or a delayed diagnosis. In all of these circumstances, the physician or other medical professional breached their professional duty and caused you harm.
No matter what type of accident caused your injuries, an experienced Rolla medical malpractice lawyer could help you recover compensation for damages. At The A.W. Smith Law Firm we work hard to help you seek justice for your injuries. We have helped clients recover millions of dollars in settlements due to medical malpractice. Speak to a seasoned personal injury attorney to learn about your legal options.
When an injury occurs due to the negligent actions of a medical professional, they could be held liable for damages and required to pay the plaintiff compensation for their damages. Damages refer to the losses an individual sustains following an accident. Injured claimants may be eligible to recover compensation for damages such as:
Many states have a mandated limit on the amount of compensation a plaintiff could receive in a medical malpractice case. In the past, some medical malpractice plaintiffs received significant amounts of damages, causing insurance rates for clinicians to increase and some frivolous lawsuits to be filed. Limiting the amount of compensation a plaintiff in a medical malpractice case could receive helps control these factors.
As found in Missouri Revised Statutes §538.210, the damages are capped at $400,000, regardless of the number of health care providers that are sued. Additionally, damages are capped at $700,000 in medical malpractice cases including catastrophic injuries or wrongful death. These limits apply to jury awards and negotiated settlement amounts.
Our skilled attorneys at The A.W. Smith Law Firm could review the injured claimant’s damages and seek compensation that covers the full value of their losses.
When seeking compensation from a negligent party, the injured claimant should keep in mind the statute of limitations. The statute of limitations limits the amount of time that can go by to file a lawsuit before it is no longer a viable case. Cases filed after the statute of limitations will not have legal standing to seek compensation and are usually dismissed by the presiding judge.
Under Missouri Revised Statutes §516.105, injured claimants or their medical malpractice lawyer in Rolla must file the lawsuit within two years from the date the harm occurred or the date the plaintiff should have reasonably been aware of the injury.
An exception to the statute of limitations is made for patients who have a foreign object left in their body during a procedure or surgery. In these cases, plaintiffs have two years from the date that they learned the object was still in their body. This type of medical malpractice could cause scarring, disfigurement, infection, and organ damage.
Working with a well-versed Rolla medical malpractice lawyer could help you obtain the compensation you need to pay your medical bills and get a fresh start in your life. Our lawyers at The A.W. Smith Law Firm know what evidence is needed to prove the liability of the defendant and to help you recover damages.
Call today to learn more about how to get your medical malpractice case started in Rolla.