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.
