Medical Malpractice at St. Joseph, MO City Hospitals
Posted in Lawsuit on December 26, 2019
When a patient receives medical care at a hospital, the facility must uphold a certain standard of care to ensure that the patient receives the treatment that he or she needs. This includes proper care of medical equipment, establishing industry-cohesive policies, and thoroughly vetting and supervising the staff at each facility. However, not all hospitals uphold their duty of care to their patients — leading to significant harm and hardship.
If you are the victim of medical malpractice at the hands of a St. Joseph hospital, you are not alone and you have legal options available to you. You can hold the hospital accountable for its actions through a lawsuit in Missouri civil court — and Fowler Pickert Eisenmenger Norfleet is here to help you each step of the way.
When Is a Hospital Responsible for Medical Malpractice?
Hospitals, along with medical professionals, are subject to certain healthcare industry standards that dictate how they provide treatment to patients. Any healthcare professional who treats you in a formal setting, such as a hospital or clinic, could be liable if he or she commits an act of medical malpractice. However, you can only hold hospitals liable under certain circumstances.
- The negligent medical professional is a hospital employee.
- The professional is an independent contractor operating out of the hospital and the hospital appeared to be his or her employer and failed to inform you that he or she is a contractor.
- The professional is an independent contractor and displayed a history of incompetence. The hospital was aware of the incompetence and failed to act on it, allowing their patients to receive treatment from an incompetent professional.
Proving Medical Malpractice in Missouri
If you are filing a lawsuit against a hospital in Missouri, you and your attorney will need to work closely together to establish that medical malpractice did occur. Depending on the facts of your case, you will need to collect the necessary pieces of evidence to prove the following four elements.
- You will first need to establish that the hospital and the medical professional responsible for your injuries owed you a duty of care. Seeking treatment from the professional in a formal setting, such as at the hospital, can help you establish this duty of care for both parties involved.
- Next, you and your attorney will need to prove that the hospital and the professional breached their duties of care to you. The professional must have acted in such a way that a reasonable professional would have under the same circumstances. In addition, you must establish that the hospital is responsible for the actions of the professional either as an employer or through their treatment of him or her as a contractor.
- Third, you will need to establish that the breach of care led to the injuries or worsening illness you are suffering from. You may need to consult with medical experts to separate your original condition from the one that the malpractice caused, as well as provide your medical records to the court.
- Fourth, you will need to show that you suffered damages as a result of the malpractice that you can collect in the claim. These damages can include out of pocket losses like medical expenses or lost wages, or they can include other emotional impacts like a loss of quality of life or chronic pain and emotional anguish. Your Missouri medical malpractice attorney can help you determine which damages you may be eligible for.
Holding St. Joseph, MO Hospitals Accountable
If you are suffering from an act of medical malpractice at the hands of a medical facility in St. Joseph, filing a lawsuit against the hospital can seem daunting. However, the attorneys at Fowler Pickert Eisenmenger Norfleet have significant experience guiding residents of St. Joseph and the surrounding areas through the claims process. If you experienced medical malpractice at any of the following hospitals, our firm can help.
- Mosaic Life Care at St. Joseph Medical Center
- Heartland Regional Medical Center
Hiring an attorney from Fowler Pickert Eisenmenger Norfleet can provide several benefits for your case, including access to expert witnesses and resources, as well as the skills and experience necessary to advocate for the maximum possible settlement. Contact our law firm today to schedule your free consultation and to begin the lawsuit filing process.