Dr. Bradshaw and Medical Malpractice Litigation: Our law offices have successfully helped many people with medical malpractice actions. Anyone thinking of pursuing such an action should be aware of the potential difficulties. Medical malpractice cases are probably the most difficult cases to pursue. They require expert testimony, which can cost thousands of dollars. Additionally, the health care providers who committed the act of negligence maintain the medical records, which are the primary source of evidence in this type of case. Jurors have a natural sympathy for health care providers and they find many of the terms involved confusing. Large insurance companies have convinced the state legislature to place caps on what can be recovered for pain and loss of life's enjoyments. Further, confidential papers obtained from the insurance companies have revealed that insurance companies are defending medical malpractice cases even when they know that the healthcare providers/corporations have committed malpractice.  In spite of all these obstacles, Dr. Bradshaw and his law offices have successfully helped numerous patients with medical malpractice claims. These web pages provide you with information concerning medical malpractice claims in Missouri and how we are able to effectively pursue many claims for individuals, in spite of all these difficult hurdles.  Dr. Bradshaw screens cases carefully and only takes the cases that have merit, yet even in these cases, it is a constant struggle to get justice.

Definition: A health care provider can be found negligent if it can be proven that he or she failed to use that degree of skill and learning ordinarily used under the same or similar circumstances by members of his profession. Our judicial system does not require that everyone receive the highest quality of care, rather that the standard of care be ordinary or normal. Sometimes, another medical approach may have had better results, but is it not necessarily malpractice as long as the doctor has done what would have ordinarily been called for in a particular situation. The definition of negligence generally provided to the jury in a medical malpractice case is "the failure to use that degree of skill and learning ordinarily used under the same or similar circumstances by the members of defendants' profession."

Time Limits: Time limits are often called "Statute of Limitations."  This means that you only have a certain amount of time to file a claim. However, statutes of limitations are highly technical and there are exceptions. Each state sets out their own statutes of limitations under the types of claims.  Missouri provides for a general two-year statute of limitations on medical malpractice claims. There are certain circumstances and exceptions that may alter this general time limit. For more information regarding your particular situation, please seek the advice of a qualified attorney as soon as possible.

It cannot be stated strongly enough that there are exceptions to this general statute of limitations; and there are exceptions to the exceptions.

Venue: Venue refers to the place where a lawsuit may be brought into court.  In Missouri, in many injury (tort) cases, venue is often determined to be in the county where the first injury occurred.

Compensation and Recovery for Losses: There are six basic types of damages, which you may potentially be able to recover for in a medical malpractice case. They are defined below, and the first five are the definitions a jury would receive in trying to determine what to award in a medical malpractice case:

Past Economic Damages mean damages incurred in the past for pecuniary harm such as medical expenses for necessary drugs, therapy, and for medical, surgical, nursing, X-ray, dental, custodial, and other health and rehabilitative services and for past lost earnings and for past lost earnings capacity.

Past Non-Economic Damages mean those damages arising in the past from non-pecuniary harm such as pain, mental anguish, inconvenience, physical impairment and disfigurement.  

Future Medical Damages mean those damages arising in the future for medical expenses such as necessary drugs, therapy, medical, surgical, nursing, X-ray, dental, custodial, and other health and rehabilitative services.

Future Economic Damages mean those damages arising in the future from pecuniary harm such as lost earnings and lost earnings capacity.

Future Non-Economic Damages mean those damages arising in the future from non-pecuniary harm such as pain, mental anguish, inconvenience, physical impairment, disfigurement and loss of capacity to enjoy life.

Punitive Damages are awarded as a way to punish the wrongdoer. Punitive damages are only awarded in rare cases when it can be shown that the wrongdoer had evil intent or, by his or her actions, showed a conscious disregard for the safety of others.

What To Consider Doing If You Think You Have A Claim: Medical malpractice claims are one of the most difficult kinds of cases to litigate because the medical records are the major evidence in this case. The doctor, hospital, or clinic has control of these records, and although it is illegal to alter these records, there is often no way to know if they have been altered or not. Your medical records may not reflect events the way you remember them. For this reason, it is very important for you to document everything yourself. Be sure to keep notes, including dates, names and notes on conversations. You should also document any expenses incurred and keep receipts for everything. In the event you decide to pursue a case, the more information you can provide to your attorney, the better he/she will be able to represent you.