Have You Experienced Medical Malpractice in Missouri?

Knowing what exactly your legal rights are is extremely important if you have been injured by medical malpractice or if you suspect that medical malpractice has occurred. 

When a patient has been harmed by the care provided by a doctor or other health care professional, knowing what to do next can be tricky. It is not always clear in what way or at what stage of the process mistakes were made and who should be held accountable. Patients commonly wonder who is responsible for the malpractice. Is it the hospital, doctor, nurse, paramedic, technician, etc.? When a patient receives treatment at a hospital, there are usually many health care professionals who see that patient and contribute to his or her care.

What kind of harm constitutes medical malpractice?
Medical malpractice is any kind of harm caused by professional negligence. In addition to physical injuries, patients can file medical malpractice lawsuits for emotional or psychological harm that results from a health care provider’s negligence.

When is the hospital responsible and when is the doctor responsible?
Hospitals, doctors, or both may be responsible for injuries caused by medical malpractice. Hospitals are responsible for ensuring that nurses, technicians, paramedics, and other hospital employees provide patients with care that meets the accepted standard of care. When incompetence or negligence by medical personnel causes harm or injury to a patient, the patient can usually file a lawsuit naming the hospital.

However, doctors are usually liable for their actions. In most cases where a doctor’s actions were negligent and caused harm to the patient, the doctor, not the hospital, will be liable for the medical malpractice.

Determining who is responsible for an injury that happens when a patient is receiving treatment in a hospital involves several considerations. Asking and answering these questions will help. 

• Was the doctor an independent contractor?
• Was the person who caused the injury employed by the hospital?
• Was this person doing their job, performing duties in their job description at the time of the medical injury?
• Were the actions of the doctor or medical staff member dangerous or demonstrably incompetent?

Determining who is responsible for a medical injury is one of the first steps that victims of medical malpractice will address with the aid of an experienced medical malpractice attorney. Contacting an attorney as soon as you suspect that you have been a victim of medical malpractice is crucial. An investigation into the incident will have to take place, but because different states handle medical malpractice in different ways, have different torts, and varying statutes of limitation, it is extremely important that you contact an experienced medical malpractice attorney in your area.

Missouri Medical Malpractice Laws

In Missouri statutes of limitation require the injured party to take legal action within two years of the date when the malpractice was discovered. After ten years from the actual date the malpractice occurred, legal action cannot be taken.

Finding an attorney who is familiar with Missouri medical malpractice laws is crucial. Because medical malpractice is highly technical and complicated, having the right team on your side will make all of the difference.

At Zevan and Davidson our experienced team of legal professionals has over 20 years of experience successfully handling medical malpractice cases in Missouri. To schedule a free and private consultation, call us today at (314) 588-7200 or contact us online.

photo credit: phallin