Whether you’re grappling with an incorrect diagnosis, a surgical mistake, or another form of medical negligence, understanding the legal framework that governs medical malpractice claims is essential. The first step is to consult the medical malpractice attorneys of Goza & Honnold to assess the viability of your claim. This initial legal consultation is where your case takes shape based on detailed evaluations of medical records and treatment histories.
Following this, you may file a formal complaint, engage in the discovery phase, and explore mediation and negotiation as potential resolutions. For medical malpractice cases that advance beyond settlement negotiations, you may seek justice by filing a lawsuit against one or multiple negligent parties to recover compensation.
What Is the Legal Process for Medical Malpractice Claims in Missouri?
If you believe you have been the victim of medical malpractice, understanding the following steps can help you proceed with your case with clarity and confidence:
1. Initial Consultation with an Attorney
The first step is to consult with the qualified attorneys of Goza & Honnold, who have in-depth knowledge of this area of law. During this medical malpractice consultation, we will evaluate your case by reviewing medical records, the details of the treatment received, and any subsequent damages or injuries. This determines whether your case has sufficient grounds to proceed.
2. Filing the Complaint
Once your Goza & Honnold attorney has established a viable case, the next step is to file a formal complaint against the healthcare provider or institution allegedly responsible for the malpractice. In Missouri, before you can file a lawsuit, you must submit a notice of intent to sue to the defendant, giving them a chance to respond. This notice must be sent at least 90 days before filing the lawsuit.
3. The Discovery Phase
After the lawsuit is filed, the medical malpractice case continues to the discovery phase, where both parties exchange information through depositions, document requests, and interrogatories. This phase allows both the victim and the defendant to gather detailed evidence and witness accounts supporting their respective positions. It is an essential phase where medical experts are called upon to testify regarding the standard of care and the alleged breach by the defendant.
4. Mediation and Negotiation
Missouri encourages parties to consider alternative dispute resolution methods, such as mediation, to resolve disputes before proceeding to trial. During mediation, an impartial third-party mediator helps facilitate negotiations between parties to achieve a settlement. Many medical malpractice claims are resolved during this phase without the need for a trial.
5. Preparing for Trial
If involved parties cannot reach a settlement, the case will go to trial, where the parties will put forward evidence and arguments in front of a judge. The victim must prove the opposing party failed to provide the standard of care expected, directly causing injury or harm. The trial process can be lengthy, often taking several days to weeks, depending on the complexity of the case.
6. Appeal
After the trial, parties may choose to appeal the court’s verdict if they believe there has been a legal error that impacted the outcome of the case. The appeals process extends the duration of the litigation and requires additional preparation and argument before higher courts.
How Can Your Lawyer Prove Medical Malpractice?
It is essential to understand that a simple error does not automatically constitute medical malpractice. Common causes of medical malpractice cases include surgical mistakes, misdiagnosis, delays in diagnosis, severe neglect, and breaches of the laws regarding informed consent. The approach to proving malpractice shares similarities with proving negligence in personal injury lawsuits, but there are specific distinctions:
Firstly, the victim must demonstrate the existence of a formal doctor-patient relationship. For instance, if a doctor provides casual advice at a social event, and you take it seriously, this does not qualify for malpractice because the advice was not given within a professional treatment setting.
Secondly, it must be established that the doctor acted negligently. This involves showing that another doctor with comparable skills and in a similar situation would have acted differently. In medical malpractice cases, it is common for victim’s lawyers to bring in medical experts who testify about how they would have handled the situation differently than the defendant did.
Thirdly, there must be a direct link between the doctor’s negligence and the injury claimed by the plaintiff. The plaintiff can only seek damages that are a direct result of the doctor’s actions or failure to act.
Lastly, the existence of actual harm must be proven. If the negligence did not result in harm to the victim, then there is no basis for a claim.
Speak With the Medical Malpractice Lawyers of Goza & Honnold
Filing a medical malpractice claim in Missouri requires a detailed understanding of the law and medical standards. At Goza & Honnold, we provide the guidance you need throughout this complex legal process. Our experience in handling medical malpractice claims means we are well-versed in navigating each step, from the initial consultation to trial or settlement. Whether you’re dealing with surgical errors, misdiagnosis, or a failure of informed consent, we are here to help build your case and seek the compensation you’re entitled to.
From gathering medical records and consulting with expert witnesses to managing the legal documentation and representing you in court, we will be with you every step of the way. Missouri’s legal requirements add to the intricacies of these claims. Reach out to us at (913) 451-3433 or use our contact form to discuss your medical malpractice case.