Ask a Medical Malpractice Lawyer: Six Steps to Prepare Your Case

 Ask a Medical Malpractice Lawyer: Six Steps to Prepare Your Case

Medical Malpractice Lawyer

Ask a Medical Malpractice Lawyer: Six Steps to Prepare Your Case

If you have been injured by the negligence of a physician or hospital, you may qualify for a medical malpractice lawsuit in Missouri. Medical malpractice lawsuits are complicated and tough to win, however, with an experienced medical malpractice lawyer, you can prepare for your case and get the compensation you deserve for your injuries.


Ask a Medical Malpractice Lawyer: Six Steps to Prepare Your Case


1. Gather Medical Records

Evidence is key when you’re filing a medical malpractice case, which is why one of the first things you will want to do is gather your medical records. You will need all medical records starting from the date of your injury. Some of the specific medical records you need include:


Treatment Documents


Your treatment documents are essential to prove your case. These documents will have information about the medical procedures and prescriptions that were used for your treatment. When treatment documents are used to prove your medical malpractice case, experts will be able to determine whether the standard of care was met during your treatment.

For example, if the medical records about your treatment do not follow a standard treatment plan for your condition, this could indicate that the physician or facility was negligent in your care. It could even prove that the physician was using an unapproved treatment method that caused you harm.


Physician and Facility Documents


The documents will also have information about the physician who treated you and the facility where you were treated. This information can be used later to look up specific information about the doctor and facility. Furthermore, other medical staff that may be named on your medical records can serve as witnesses for your treatment, particularly if it needs to be established that the standard of care was breached in your case.


Medical Billing Documents


Finally, medical billing documents will also be necessary to prove your medical malpractice case. The medical billing document will list all of the procedures and medications that were used for your treatment and charged to your insurance or credit card. Furthermore, medical bills are also used to calculate the compensation you need to relieve your medical debt.

2. Understand Statute of Limitations

To prepare for your case, you’ll also need to understand the statute of limitations. In Missouri, the statute of limitations for medical malpractice cases is two years after the time of injury or two years after the time the injury was noticed. In general, if you suspect you’re injured because of medical malpractice, you should contact a medical malpractice lawyer in Kansas City as soon as possible to get started on your case.

3. Learn About Compensation Caps

You also need to learn about the compensation caps that may apply to your case. Missouri classifies medical malpractice compensation as either non-catastrophic or catastrophic injuries. The cap for catastrophic injuries is much greater than the cap for non-catastrophic injuries. As recently as 2021, compensation for catastrophic injuries was just shy of $800,000.

4. Get an Independent Medical Examination

You may need to get an independent medical examination for your medical malpractice injuries. An IME report can be vital for proving your case, especially if there are any doubts you received your injury under medical care. Not only will an independent medical examination be able to assess the extent of your injuries, but the physician who examines you may also be able to shed light on how negligence caused your injury.

Depending on the stage of your lawsuit, a lawyer may recommend completing an independent medical examination before you file a lawsuit or in compliance with an insurance company inquiring about your injuries.

5. Research Previous Malpractice Complaints

You may also want to research any previous malpractice complaints about the doctor or facility where you were injured. Previous malpractice complaints can be powerful evidence to prove that the physician who treated you or the medical facility where you were treated has a history of negligence. Repeat offenders for medical negligence will likely have greater consequences, and this may make it easier for you to win your malpractice case.

6. Hire an Experienced Lawyer

Finally, you will need to hire an experienced lawyer who is knowledgeable about Missouri medical malpractice laws. Winning any medical malpractice lawsuit is challenging because a lawyer will have to prove negligence, a breach in the standard care, and many other elements of malpractice cases. When you hire a lawyer who has successfully won medical malpractice cases, you can be more confident that you will receive justice for your injuries.

Medical malpractice is a serious issue, particularly when you suffer life-long injuries that affect your quality of life. To prepare for your case, you will need medical documents, knowledge about the statute of limitations that applies to your case, and an experienced lawyer to fight for your rights.


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