Call The Cagle Law Firm at (314) 276-1681 or contact us through our online form to schedule a free consultation.
Why You Need a Medical Malpractice Lawyer
Medical malpractice may seem like a typical personal injury claim. After all, you were hurt because of someone else’s wrongdoing, which gives you the right to pursue compensation for your physical, emotional, and financial injuries. However, there are key differences between personal injury claims and medical malpractice, including the other party’s duty of care and the statute of limitations.
In both personal injury and medical malpractice cases, you customarily pursue damages based on a theory of negligence. You must establish that the other party owed you a duty of care, which means they were legally required to act a certain way toward you. Then, you must establish that the other person failed to uphold that duty and this breach led to your injuries. In typical personal injury claims, like after a car accident, you will argue the other driver owed you the duty of reasonable care. They were legally responsible for obeying the law and behaving as a reasonable person would under similar circumstances. However, the duty of care is slightly different in medical malpractice cases, and this can differ between states.
You need a medical malpractice lawyer in St. Louis after you were injured by a healthcare professional because you need someone experienced with Illinois or Missouri’s medical standard of care. An attorney who handles other types of law will not have the specific knowledge and experience you need when facing a medical issue, such as delayed treatment or misdiagnosis, a surgical error, or your child’s birth injury.
Additionally, medical malpractice cases are often intricate. Despite medicine’s reliance on science, it is not foolproof. Some degree of leeway exists because physicians and healthcare workers use their discretion to perform their jobs. The question in medical malpractice cases is often whether a physician reasonably used this discretion or did not provide a patient with necessary and appropriate care based on current standards. Answering this question requires reviewing medical records and understanding complicated medical topics, something not all attorneys are prepared to do. At The Cagle Law Firm, we have extensive experienced with medical malpractice issues and are ready to take your case.
The Medical Standard of Care
Based on Illinois jury instruction 105.00, health care professionals in Illinois must use the same degree of knowledge, skill, and ability as an ordinary professional would exercise under similar circumstances. Missouri jury instruction 11.06 states medical negligence arises when a physician fails to use that degree of skill and learning ordinarily used under the same or similar conditions by members of the provider’s profession.
To determine what an ordinary medical professional would do, our St. Louis medical malpractice attorneys may obtain expert testimony from other medical professionals in the relevant field of medicine. We may use these witnesses and any other pertinent resources to establish what an ordinary physician would know and be able to do based on current standards of medicine. We will then compare what your physician did to show that they failed to uphold the appropriate standard of care.
Common Types of Medical Malpractice
At The Cagle Law Firm, we are well versed in all types of medical malpractice claims, including:
- Birth Injuries
The birth of your child should have been a wondrous time for you and your family. Despite all the difficulties that can come with labor, you hopefully walk away with a healthy baby. Unfortunately, medical negligence during the pregnancy, the actual birth, and immediately following the birth can cause significant harm to you and your infant. If you were harmed or your child is suffering from a birth injury that you believe was the physician’s fault, call our medical malpractice lawyers in St. Louis today
- Failure to Diagnose
If you believe your physician took an unreasonably long time to diagnose your condition when another ordinary physician would have diagnosed you sooner, you should speak with a medical malpractice attorney in St. Louis. Also, if after all the exams and tests, a physician entirely failed to diagnose you, and you must seek a diagnosis and treatment elsewhere, call The Cagle Law Firm today. Your physician’s failure to diagnose or significantly delayed diagnosis may be more than a difficult case; it may be negligence. Again, this failure to diagnose must have caused or resulted in significant injury.
Misdiagnoses occur regularly, and they are not always negligent. Various symptoms can point toward other conditions. However, if you believe your diagnosis was incorrect despite clear signs of what was wrong, contact a lawyer. If you suffered additional harm due to the delay in the proper diagnosis or from unnecessary medical treatments, it is essential you speak with a St. Louis medical malpractice attorney right away.
- Medication Errors
After you are properly diagnosed with a condition, you must receive your treatments correctly, including all of your medication. Unfortunately, you could be seriously injured if a doctor or nurse administers medication in the wrong way, at the wrong time, or in the wrong dose. You could also be harmed if a pharmacist gives you the wrong medication or dosage.
- Surgical Errors
When you go in for a surgical procedure, whether it is cosmetic or life-saving, you expect the medical team in the operating room to do everything correctly. You expect them to give you the best medical care they can provide, so you leave the operating room better than when you went in. However, that does not always happen. A patient mix up could lead to you undergoing the wrong procedure. You may have the correct procedure performed on the wrong part of your body. A physician might make an avoidable mistake during your surgery, causing you to suffer a serious complication. If anything went wrong during your surgery and now you are dealing with the ramifications, do not hesitate to call a medical malpractice lawyer in St. Louis.
- Anesthesia Errors
Your physical health and psychological well-being during and after surgery depend heavily on being correctly anesthetized. You should never feel what is happening and should only be conscious if it is necessary and safe to do so. If you suffered an aesthesia error where you felt the surgical procedure, or you were conscious of what was going on, contact an attorney. Additionally, anesthesia is difficult because the physician must closely monitor your oxygen intake. If you were deprived of oxygen too long and suffered harm, do not hesitate to contact a St. Louis medical malpractice attorney at The Cagle Law Firm.
- Hospital-acquired Infections
People often believe they are safest at the hospital. However, the truth is that hospitals must go to great lengths to keep their rooms and equipment clean, so infections do not spread from one patient to another. If you acquired a serious infection while in a hospital or another type medical facility and believe it was due to a lack of proper protocol, you should speak with a lawyer as soon as possible.
Medical Malpractice Compensation
If you were injured because of a health provider’s negligence, The Cagle Law Firm is here to represent you in pursuing the financial recovery you are entitled to under the law. Through a medical malpractice claim, we will fight for you to receive compensation for your:
- Medical Costs
- Lost Wages
- Pain and Suffering
- Emotional Distress
- Physical Limitations
- Loss of Future Earning Capacity
- Loss of Consortium and Companionship
- Punitive Damages (when applicable)
While most of these damages are compensatory, meaning they are intended to reimburse or compensate you for physical or psychological harm you suffered, punitive damages are different. You may pursue punitive damages when the medical provider’s actions were reckless or egregious. These damages are intended to punish the negligent party, not compensate you.
They are professional, knowledgeable and they care. From the day I met Zane, I didn’t worry anymore about the outcome and it was a relief. They break the stereotypes of personal injury attorneys. When you’re hurt, you need someone who is knowledgeable and aggressive and is going to be on your side.
Fatal Medical Malpractice
If a physician failed to provide a loved one with proper medical care, the result might have tragically been fatal. When physicians do not properly diagnose and treat what is wrong, serious medical conditions can cause you to lose someone who should have had a chance to live a longer, healthy, and happy life. Due to that physician’s negligence, you and your family may have the right to pursue damages in a medical malpractice wrongful death claim, including:
- Funeral and Burial Expenses
- Loss of Financial Contributions
- Loss of Care and Support
- Loss of Love and Companionship
- Loss of Inheritance
You should speak with us at The Cagle Law Firm regarding Illinois or Missouri wrongful death claim law and the claim process.
Contact Our St. Louis Medical Malpractice Attorneys For Help
If you were injured or lost a loved one because of medical malpractice, do not hesitate to call us at The Cagle Law Firm. We realize you may be unsure whether your situation arose because of an honest mistake or negligence. We are here to investigate your case and find out. With our knowledge and experience, we can find out what happened and give you an objective and informed opinion regarding your rights and legal options.
Call us today at (314) 276-1681 or use the contact form to schedule a free consultation and discuss what to do next.