If medical negligence has caused harm to you or someone you love, it may be necessary for you to take legal action to in order to secure the compensation you deserve. Missouri medical malpractice cases require careful preparation and adherence to strict legal procedures that vary by state. The legal team at Fowler Pickert Eisenmenger Norfleet has extensive experience helping patients and families pursue justice when healthcare providers fail to meet accepted standards of care.
Our Kansas City medical malpractice lawyers can guide you through each stage of this process, from the initial investigation to filing your formal complaint in court. Below, we outline key steps involved in starting a medical malpractice lawsuit and explain what you can expect during the early stages of your case.
Gather Documentation Needed to Start a Medical Malpractice Lawsuit
Thorough documentation of your medical treatment and the injuries sustained as a result is the foundation of any successful medical malpractice case. Key evidence needed to start a medical malpractice lawsuit includes:
Medical Records
Collecting comprehensive medical records from all healthcare providers involved in your care is important.
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Start by requesting copies of your complete medical file from the hospital, clinic, or physician's office where the alleged malpractice occurred.
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These records should include admission notes, surgical reports, laboratory results, imaging studies, medication logs, and discharge summaries.
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You’ll also need to obtain records from any healthcare providers who later treated complications or injuries related to the original incident.
Obtaining medical records can take several weeks, so start this step as soon as possible. Having complete documentation early in the process allows your attorney to conduct a thorough case evaluation and identify potential areas of negligence.
Additional Documentation
Medical records are not the only documentation you’ll need in order to support your efforts to start a medical malpractice lawsuit. You’ll also need to gather:
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Correspondence: Gather emails, letters, or phone call logs documenting any communication you had with healthcare providers.
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Financial Records: Insurance documents, billing statements, and receipts for medical expenses can help you document the financial impact of the malpractice.
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Physical Evidence: Prescription bottles, medical devices, and photographs of visible injuries can also support your case.
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Impact: Keep a journal detailing your pain levels, limitations in activities, missed work days, and emotional distress to document malpractice’s impact on your daily life.
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Witness Statements: Statements from family members, friends, or coworkers who witnessed the impact of your injuries provide valuable third-party testimony.
Consult With a Qualified Medical Expert Before Filing a Lawsuit
Medical malpractice cases involve proving that a healthcare provider deviated from the accepted standard of care in a way that caused harm. For a malpractice case, an expert witness must typically practice in the same medical specialty as the defendant and be familiar with relevant standards of care.
During the expert review process, the medical professional will examine all relevant records and compare the care you received to what a reasonable physician would have done under similar circumstances. The expert will also evaluate whether any deviations from standard care directly caused or contributed to your injuries. This expert evaluation serves multiple purposes in building your case, including:.
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Working to determine the strength of your potential claim before investing significant time and resources in litigation
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Satisfying the Missouri law requirement for an affidavit from a medical expert documenting that the case has merit before a medical malpractice lawsuit can be filed
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Helping the jury understand medical concepts and establish liability during the medical malpractice trial
Know Key Timeframes for a Missouri Medical Malpractice Lawsuit
Understanding the time limits for a medical malpractice case is crucial because Missouri courts strictly enforce them. Even the strongest malpractice case will be dismissed if filed too late. Our Kansas City medical malpractice lawyers will carefully calculate all relevant deadlines and work with you to ensure that your case is filed within the appropriate timeframe.
Statute of Limitations
In Missouri, the statute of limitations for a medical malpractice lawsuit is generally two years from the date the injury was discovered, or reasonably should have been discovered. However, there are exceptions and nuances to this rule that require careful analysis.
Discovery Rule
Per the discovery rule, the statute of limitations may not begin running until you knew or should have known that your injury was caused by medical negligence. For example, if a surgical instrument was left in your body and you didn't experience symptoms until months later, the two-year period might not start until you discovered the foreign object.
Statute of Repose
Missouri also has a statute of repose that sets an absolute deadline regardless of when the injury was discovered. A medical malpractice claim must generally be filed within 10 years of the date of the alleged negligent act, with limited exceptions for cases involving foreign objects or fraudulent concealment.
Notify Defendants of Your Intent to Sue
Before filing your lawsuit in Missouri, you must provide all defendants with 90 days' written notice of your intent to sue. This notice must include the name of each person you believe was negligent and the general nature of your claim.
Prepare and File the Official Complaint
A medical malpractice lawsuit is officially started when the formal complaint is filed with the appropriate court. This legal document sets forth your allegations against each defendant and requests specific remedies for the harm you suffered. The complaint must:
Identify Responsible Parties
The complaint must identify all parties involved in your care who may bear responsibility for your injuries. This typically includes individual physicians, nurses, or other health care providers, as well as any hospitals, clinics, or medical practices where the malpractice occurred. Each defendant must be properly named and served with legal papers according to court rules.
Outline the Case’s Factual Basis
The complaint will need to outline the factual basis for your claim, including details about the medical treatment you received and how it fell below accepted standards of care. The document must also specify the injuries you sustained as a result of the malpractice and the types of damages you seek, such as medical expenses incurred, lost wages, pain and suffering, and an estimate of future care costs.
Include an Expert Affidavit
As previously mentioned, Missouri law requires that medical malpractice complaints be filed with an affidavit from a qualified expert attesting that the case has merit. This affidavit must state that the expert has reviewed the relevant medical records and believes there is a reasonable basis to conclude that malpractice occurred.
Post-Filing Summons and Response
After filing a medical malpractice lawsuit, the next step is for the complaint and summons to be properly served on each defendant within the time limits specified by court rules. The defendants will then have a specified period to file their responses, which may include motions to dismiss or answers that admit or deny your allegations.
Why You Need Experienced Legal Representation
Medical malpractice litigation involves intricate medical and legal issues that require specialized knowledge and experience. Attempting to handle these cases without qualified legal representation significantly reduces your chances of success and may result in costly mistakes that cannot be corrected later.
The Kansas City medical malpractice lawyers at Fowler Pickert Eisenmenger Norfleet understand the medical standards that apply to your case and know how to work effectively with expert witnesses. They can evaluate how strong your claim is, estimate its potential value, and develop a comprehensive litigation strategy tailored to your circumstances.
Our legal team has the resources and experience necessary to take on major hospitals, insurance companies, and their legal teams with a track record of successful results. Our team knows how to build compelling cases that demonstrate the full impact of medical malpractice on patients and families, and we fight tirelessly to secure fair compensation for our clients.