Medical malpractice occurs if a provider of health care services fails to act by the proper standard of care, injuring a patient during treatment. Licensed practical nurses, mental health professionals, and professional physical therapists can also be held accountable for malpractice. When seeking compensation for damages, there is an extensive process to build a strong case, such as investigation, tribunal, discovery, settlement, and trial. The discovery period of a medical malpractice case is essential, as it allows parties to exchange relevant information to use as evidence at a trial.
The highly qualified medical malpractice lawyers at Goza & Honnold will obtain medical records and other necessary evidence to understand the issues of your case and determine its strengths and weaknesses. With our decades of experience and meticulous attention to detail, we will work to build a strong medical malpractice case on your behalf while you concentrate on recovering from your injuries.
What Is the Discovery Rule in a Medical Malpractice Claim?
The discovery phase allows both parties involved in a medical malpractice case to gather and exchange information related to the case. The discovery period is essential for building a strong medical malpractice lawsuit.
Having competent legal counsel is crucial to navigating the complexities of a medical malpractice lawsuit and ensuring that you feel supported throughout the process.
The primary objectives of the discovery period include the following:
- Fact-finding: To uncover relevant facts and evidence related to the alleged malpractice, which may include medical records, witness statements, expert opinions, and other documents.
- Case strength assessment: To evaluate the strengths and weaknesses of the case from both the plaintiff’s and defendant’s perspectives. It helps each side understand the evidence that may be presented in court.
- Settlement negotiations: To encourage settlement discussions based on the information obtained during discovery. It is common for medical malpractice cases to be resolved through settlements before reaching trial.
During the discovery period, various methods are used to collect information, including the following:
- Interrogatories: Written questions the opposing party has to answer under oath.
- Depositions: Oral examinations where witnesses, including medical professionals, provide testimony under oath.
- Document requests: Requests for specific documents, such as medical records, lab reports, tax returns, and correspondence related to the case.
- Expert witness records and interviews: Each party may disclose the opinions of their expert witnesses, which can significantly impact the case’s direction.
Adhering to Missouri law is crucial during the discovery period to ensure the viability of the malpractice claim. The information found during the discovery period may shape the outcome of your medical malpractice claim. It allows your medical malpractice lawyers at Goza & Honnold to gather evidence that supports your claim, increasing your chances of success.
If a settlement is not reached during or after the discovery period, the evidence gathered becomes vital in preparing for trial. It forms the basis for witness examination, expert testimony, and the presentation of your case in court.
Understanding the Discovery Rule in Missouri
The discovery rule is a crucial aspect of Missouri’s medical malpractice statute of limitations. It allows the clock to start when the patient discovers or reasonably should have discovered the injury, rather than when the malpractice occurred. This rule is essential in cases where the injury is not immediately apparent or where the full extent of the injury is not known until later.
In Missouri, the discovery rule extends the statute of limitations for medical malpractice claims when the injury is not immediately apparent. This means that the two-year countdown begins on the date the patient discovers or reasonably should have discovered the injury, rather than the date the malpractice occurred. However, even under the discovery rule, a claim must be filed within ten years of the date the malpractice occurred.
The discovery rule is a complex area of law, and patients should seek the advice of an experienced medical malpractice attorney to ensure they understand their rights and options. A skilled attorney can help patients navigate the discovery rule and ensure that their claim is filed within the applicable statute of limitations.
Recoverable Damages in a Successful Medical Malpractice Claim
You may seek various types of economic and non-economic damages in a successful medical malpractice claim. These damages are intended to compensate you for the harm you suffered due to medical negligence.
Depending on the circumstances of your case, you may recover the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Emotional distress
- Punitive damages
Consulting with the lawyers at Goza & Honnold is essential to understanding your rights and the full extent of the recoverable damages in your specific case. We will navigate the legal process and work to fight for justice and compensation for the harm you suffered.
Speak With the Missouri Medical Malpractice Lawyers at Goza & Honnold About Missouri’s Medical Malpractice Statute
Seeking a medical malpractice claim is a complex and challenging journey involving a time-consuming discovery period. The lawyers at Goza & Honnold understand that no amount of compensation can fully erase the harm caused by medical malpractice. However, victims can hold negligent parties accountable to obtain the financial support needed for healing and recovery. Victims need to be aware of Missouri’s medical malpractice statute to protect their legal rights.
Understanding the Missouri medical malpractice statute is crucial to ensure timely legal action and avoid missing the chance to claim compensation for medical errors.
Speak with one of our highly experienced medical malpractice lawyers today for a free consultation by calling (913) 451-3433 or filling out a contact form.
Goza & Honnold, a trusted personal injury law firm serving Missouri and Kansas, is known for our dedication to client advocacy and trial excellence. With a strong focus on auto accidents, medical negligence, and product liability cases, our experienced attorneys work diligently to secure fair outcomes while being fully prepared to take cases to trial when necessary. We work closely with our clients to build strong cases that reflect their unique experiences.