How Do You Prove a Missouri Medical Malpractice Claim?

Medical malpractice lawsuits rely on the theory of negligence, or the legal concept that the at-fault in your claim failed to uphold his or her duty of care and this breach of care caused your child’s cerebral palsy. Medical professionals must follow certain standards of care while treating patients, and you must prove the following four elements to establish your right to damages.

Duty of care

The at-fault party must owe you and your child a duty of care at the time of the malpractice. If you received treatment in a medical facility, such as a hospital or clinic, you can establish duty of care.

Breach of duty

The at-fault party breached his or her duty of care through a negligent act or omission. You will have to prove that a similarly trained and reasonable professional in the same circumstances would not have committed the same mistake.


The negligent actions of the at-fault party directly caused your child’s cerebral palsy. Fowler Pickert Eisenmenger Norfleet can supply medical experts and scientific evidence to prove this element.


Your child suffered economic and non-economic damages due to his or her cerebral palsy and the negligence of the at-fault party, and you can claim compensation for these damages in your lawsuit.

Proving a case of medical malpractice can be difficult without the resources and power of an attorney. Fowler Pickert Eisenmenger Norfleet partners with medical experts and utilizes tested strategies to build a compelling case for your compensation, establishing the negligence of the at-fault parties in and out of the courtroom.

Robert Norfleet
Helping Kansas City area medical malpractice, car accident, wrongful death and personal injury clients.