If you have experienced harm due to medical negligence, understanding the medical malpractice process is crucial to protecting your rights and seeking fair compensation. The Missouri medical malpractice lawyers at Fowler Pickert Eisenmenger Norfleet have experience guiding clients through this challenging process, providing compassionate representation while navigating the state's specific medical malpractice requirements.
This comprehensive guide will walk you through each phase of the medical malpractice claims process in Missouri, from determining if you have a case to what happens during settlement negotiations or trial.
Initial Case Evaluation: Determining If You Have a Valid Claim
Medical malpractice occurs when a health care provider deviates from the accepted standard of care in their field, causing injury to a patient. Before filing a medical malpractice lawsuit in Missouri, it's essential to determine whether your case meets the necessary legal criteria. This initial evaluation phase involves several important steps.
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To establish a valid claim, your Kansas City medical malpractice lawyer will need to demonstrate that a doctor-patient relationship existed, creating a duty of care.
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The attorney must then show that the provider breached the standard of care expected in their specialty and geographic region.
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You must also demonstrate that this breach directly caused your injury, which can be challenging to establish, especially if the patient had a preexisting condition.
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Finally, your case must show that you suffered actual damages resulting from the breach.
Additionally, Missouri law requires that medical malpractice claims be filed within two years of the date the negligence occurred or from when it was discovered (or reasonably should have been discovered). This statute of limitations makes timely consultation with a Missouri medical malpractice lawyer essential to keeping ahead of the lawsuit timeline.
The Medical Records Review Process
Medical records provide the factual timeline of your treatment and serve as the primary evidence in your case. Your attorney will request your complete medical records from all facilities where you received care related to your injury.
Health Information Authorization
You'll need to sign HIPAA-compliant authorization forms for each provider, allowing your legal team to obtain and review your confidential health information while protecting your privacy rights.
Chronological Organization
Your attorney will arrange all medical documentation in date in order to create a clear timeline of events and identify key decision points and potential deviations from the standard of care. This helps your legal team reconstruct exactly what happened during your care.
Expert Review
Your medical malpractice attorney will work with qualified medical experts in the relevant specialty to analyze your records and determine if medical negligence occurred. These experts play a crucial role in both building your case and potentially testifying at trial.
Identifying Missing Records
Sometimes, critical documentation may be absent from your medical records. This could indicate either an oversight in record-keeping or, in rare cases, an attempt to conceal information. Your attorney will identify any gaps and take appropriate steps to locate missing information.
Obtaining Expert Affidavits and Building Your Case
In Missouri, medical malpractice cases require expert support before they can proceed in court. Missouri law mandates that plaintiffs file an affidavit stating that a qualified health care provider has reviewed the case and believes that the defendant failed to meet the standard of care, resulting in the plaintiff's injuries, within 90 days of filing a medical malpractice lawsuit..
Selecting Appropriate Experts
Selecting appropriate experts is a critical task your Kansas City medical malpractice lawyer will undertake. The ideal expert will have credentials in the same specialty as the health care provider who allegedly committed malpractice. Their qualifications must be impeccable to withstand scrutiny from the defense.
Case Theory Development
Case theory development happens as your legal team works with medical experts to develop a coherent narrative explaining what went wrong. This theory must clearly connect the provider's actions to your injuries and demonstrate how proper care would have resulted in a different outcome.
Evidence Gathering
Evidence gathering extends beyond medical records to include witness statements, hospital protocols, medical literature, and other documentation that supports your claim. This comprehensive approach builds a solid foundation for your case, whether it ultimately settles or goes to trial.
Damage Assessment
Damage assessment will be conducted to determine the full extent of your losses. Economic damages include quantifiable costs like medical bills and lost wages, while non-economic damages encompass pain and suffering, emotional distress, and loss of enjoyment of life. Missouri caps non-economic damages in medical malpractice cases at $450,000 for non-catastrophic injuries and $700,000 for catastrophic injuries.
Case Valuation
Case valuation combines all of your claim's elements to determine a reasonable compensation amount. Your attorney will consider similar case outcomes, the strength of evidence, your specific damages, and the impact of Missouri's damage caps to arrive at an appropriate valuation.
Filing the Lawsuit and the Discovery Phase
After completing the preliminary investigation and obtaining the necessary expert affidavits, your Missouri medical malpractice lawyer will file a formal lawsuit, initiating the litigation process.
Filing a Petition
The lawsuit begins with filing a petition in the appropriate court, usually in the county where the alleged malpractice occurred or where the defendant practices. This document outlines your allegations against the health care provider, the legal basis for your claim, and the damages you're seeking.
Initial Response
Once served with the lawsuit, defendants typically have 30 days to file an answer responding to your allegations. They may admit or deny specific claims, raise affirmative defenses, or file motions to dismiss certain aspects of the case. Your attorney will analyze these responses and adjust the strategy accordingly.
Written Discovery
Written discovery involves the exchange of formal questions and requests between parties. Interrogatories are written questions that must be answered under oath, while requests for production seek relevant documents and other evidence. Requests for admission ask parties to admit or deny specific facts to narrow the issues for trial.
Depositions
Depositions are formal interviews conducted under oath where attorneys question parties and witnesses. These sessions are recorded and transcribed, creating testimony that can be used at trial. Your attorney will prepare you thoroughly for your deposition, which is often a crucial moment in the case.
Independent Medical Examinations
Independent Medical Examinations may be requested by the defense. These evaluations, conducted by a doctor chosen by the defense, assess your injuries and medical condition. While potentially stressful, your attorney will explain your rights during this process and may attend with you.
Expert Witness Depositions
Both sides have an opportunity to question the opposing party's expert witnesses via depositions before trial. These sessions help attorneys understand exactly what these experts will testify to and develop strategies to counter unfavorable opinions. Your attorney will also work with your experts to prepare them for these intense examinations.
Settlement Negotiations vs. Trial Preparation
As the discovery phase concludes, most medical malpractice cases in Missouri enter a period of settlement negotiations. However, preparation for trial continues simultaneously in case an acceptable agreement cannot be reached.
Settlement Negotiations
Settlement discussions may begin at any point during the litigation process. Some defendants prefer early resolution to minimize legal expenses and publicity, while others wait until discovery is complete to negotiate from a more informed position.
Mediation is frequently used in Missouri medical malpractice cases. In this structured negotiation process, a neutral third party helps both sides work toward a resolution. While the mediator cannot force a settlement, they can facilitate productive discussions and help bridge gaps between the parties' positions.
Settlement evaluation involves your attorney reviewing any offers against the strengths and weaknesses of your case. They will provide guidance on whether to accept, reject, or counter each offer based on your specific circumstances and the potential risks of proceeding to trial.
Trial Preparation
As part of the lawsuit timeline, trial preparation continues even as settlement talks are in progress. Your legal team will develop trial exhibits, prepare witnesses, draft pretrial motions, and formulate jury selection strategies. This thorough preparation not only readies your case for trial but may also strengthen your position in settlement negotiations.
Case presentation planning involves organizing evidence and testimony into a compelling narrative for the jury. Your Missouri medical malpractice lawyer will craft opening and closing statements, prepare direct examinations of your witnesses, and develop strategies for cross-examining defense witnesses.
Final Trial Decision
The final trial decision will ultimately rest with you as the client. Your attorney will provide their professional assessment of settlement offers versus trial prospects, but the decision to settle or proceed to trial remains yours. They will ensure you understand each option's potential outcomes and risks.
The Trial Process and Post-Trial Proceedings
If your Missouri medical malpractice case proceeds to trial, understanding what to expect can help reduce anxiety and prepare you for this challenging phase of the legal process.
Jury Selection
The trial begins with jury selection, where attorneys from both sides question potential jurors to identify biases and select individuals who can fairly evaluate the evidence. In medical malpractice cases, this process is particularly important as jurors' attitudes toward health care providers and litigation can significantly impact the outcome.
Opening Statements
Opening statements allow each side to present an overview of their case. Your attorney will outline what the evidence will show regarding the provider's negligence and your resulting injuries, while the defense will present their alternative interpretation of events.
Plaintiff's Case Presentation
The Plaintiff's case presentation comes first, with your attorney calling witnesses and introducing evidence supporting your claims. This typically includes your testimony, statements from family members about how the injuries have affected your life, expert testimony regarding the standard of care and causation, and relevant medical records and visual exhibits.
Defense Case Presentation
The defense case presentation comes next. The defendant's attorney presents evidence to counter your claims. They will likely call their own medical experts to testify that the care provided met professional standards or that your injuries resulted from something other than medical negligence.
Closing Arguments
Closing arguments represent each attorney's final opportunity to address the jury. Your lawyer will summarize the evidence supporting your case and explain why you deserve compensation, while the defense will highlight weaknesses in your case and reasons why the jury should rule in their favor.
Jury Deliberation and Verdict
The jury deliberation begins after the judge provides legal instructions to the jury. The jurors will then retire to discuss the case privately until they reach a verdict. This process can take hours or days, depending on the complexity of the case and the jury's composition.
Post-Trial Proceedings
Post-trial proceedings may include appeals if either party believes legal errors occurred during the trial. The losing side might file post-trial motions challenging the verdict or seeking a new trial. In Missouri, appealing a medical malpractice verdict typically requires demonstrating that the trial court made a significant legal error that affected the outcome.
Rely on a Medical Malpractice Lawyer to Guide You Through the Process
As you can see, there are a lot of moving parts in the medical malpractice process. Navigating a medical malpractice claim without experienced legal representation can be overwhelming, as well as potentially detrimental to your case. Our Missouri medical malpractice lawyers bring specialized knowledge of both medical and legal concepts essential to these cases. They understand how to interpret medical records, identify deviations from the standard of care, and communicate complex medical information to judges and juries in an understandable way.