Most medical malpractice cases never reach trial. Settlements require less time and less money than going to trial. An experienced attorney from a trusted medical malpractice law firm in Missouri can explain what to expect in a successful settlement.
Missouri Malpractice Settlements
You must start with a strong case in order to be successful in a Missouri medical malpractice settlement. It is necessary that your case meet all of the following four criteria:
- You were owed a duty by a medical professional. Legally, when a health care provider agrees to treat you, he or she assumes a duty.
- The medical professional breached that duty. You must prove that the medical professional did not meet a reasonable standard of care, or acted negligently.
- You were injured. You must prove you suffered an injury or were harmed in some way.
- Your injury was the result of the medical professional's negligent action. You must prove that your health care provider's misstep(s) or carelessness caused harm to you.
Once you and your attorney have established your case, you must take the required steps toward trial. However, few cases actually reach that point. In most cases, you arrive at a settlement during moderated negotiations, for which everyone involved must be present, including you (the plaintiff), the defendant(s), your respective attorneys, and insurance representatives. A district judge other than the trial judge then presides over settlement negotiations.
Damages
There are two types of damages you may seek in Missouri malpractice settlements-compensatory damages and punitive damages.
Compensatory damages compensate you for the actual injury and/or illness you sustained as a result of medical negligence. Compensatory damages include:
- Medical bills
- Hospital visits
- Prescription medications
- Rehabilitation costs
- Necessary medical equipment
- Lost wages
- Pain and suffering
- Mental anguish
Punitive damages are designed to punish the health care provider in some cases. If you can provide evidence that your health care provider took willful, wanton, malicious, or fraudulent actions, you may qualify to recover punitive damages. These situations may include failure to obtain proper consent for a procedure, medical record alteration, signature forgery, and insufficient testing.
Speak with an experienced attorney today
Brown & Crouppen is one of the most experienced and effective medical malpractice law firms in Missouri. We will help you with all aspects of your case, and strive to reach a favorable settlement for you. In fact, our attorneys have helped many clients achieve successful Missouri medical malpractice settlements. Contact us today for more information and a free initial consultation with our firm.
