Medical Malpractice
Medical malpractice suits take an extra commitment to a strong lawyer work ethic and to our clients. The attorney must have knowledge comparable to a doctor's to assess what has happened in the claims. The A.W. Smith Law Firm, PC is very well versed in the medical malpractice arena. In fact, some of The A.W. Smith Law Firm's biggest settlements and verdicts have come from medical malpractice suits. If you believe that you have been misdiagnosed, mistreated, or the victim of a medical errors, you may have a medical malpractice claim. Please call our office for a free consultation of your experience, and to find out if you have a case.
The A.W. Smith Law Firm's history with medical malpractice:
- $4,750,000 for a child injured during birth
- $2,000,000 for the family of a patient who died due to an unnecessary medical procedure
- $280,000 for a patient whose heart disease was misdiagnosed as heartburn
- $400,000 for a patient who was in a car crash caused by a hospital's negligence
- $2,000,000 for the family of a patient whose misdiagnosed heart disease led to their death
According to Medical News Today an average of 195,000 potentially preventable medical malpractice deaths took place per year between 2000 and 2002. Doctors and hospitals have insurance and attorneys who will work to protect them when they mess up. You need an attorney to help you recover what is due to you after their mistakes. Contact our firm now for a free consultation and to start your legal recovery from a medical malpractice suit.
Information Pertaining to Missouri Medical Malpractice
What is medical malpractice?
Medical malpractice is a doctor's failure to exercise a reasonable standard of care while treating their patient. Medical malpractice can occur through many types of medical errors. These errors can include delayed medical treatment, misdiagnosis, unnecessary surgery, failure to recognize a symptom, prescription drug errors, failure to act, hospital acquired infections, or the failure to diagnose a serious health problem.
What is medical misdiagnosis?
Medical misdiagnosis occurs because of the mistake of both medical professionals and medical equipment. Medical misdiagnosis usually falls into two categories, failure to diagnose and delayed diagnosis.
- Delayed diagnosis: This includes both no diagnosis and the wrong diagnosis. Delayed diagnosis prevents a patient from receiving the necessary care, and can be especially devastating in health problems where time is a critical matter such as cancer or liver disease. When doctors give the wrong diagnosis they will begin to treat the misdiagnosed problem, while using drugs and performing procedures that won't help, or may even exacerbate the actual problem.
- Failure to Diagnose: This includes delayed diagnosis, as well as missing or ignoring symptoms that would help in diagnosis. Failure to diagnose can result in a doctor diagnosing a problem too soon and pursuing an improper treatment plan.
Do I need a lawyer?
If you think that you have a medical malpractice suit you should consult with an attorney immediately. Medical malpractice suits have a stipulation, called a statute, that only allow you to file our suit for a certain amount of time after the malpractice takes place. In Missouri, that statue requires that all cases be filed within just two years of the malpractice taking place. All too often victims don't realize the extent of the damage they have suffered due to malpractice, or they are concerned with their recovery and by the time they are well it is too late. A medical malpractice attorney can fight for you and your family while you recover.
Why do I need a lawyer?
A medical malpractice lawyer will have experience working with doctors, hospitals, insurance companies, and their attorneys. A medical malpractice lawyer will know about typical medical problems that arise with cases like yours and the medical laws that are applicable in your case. A medical malpractice lawyer is needed to help you recover compensation for your current and future medical expenses, lost wages, pain and suffering, and the negligence of your doctor.
I signed a consent form - have I waived my rights to file a medical malpractice suit?
No. Just because you signed a consent form doesn't mean that you don't have rights, or that your doctor can operate under the standard level of care that is expected. Even if the consent form said that you were accepting the risks of a procedure or treatment, that doesn't give a health care provider a release of their responsibility to meet the expected standard of care.





