Legal Question in Medical Malpractice in Missouri

Re: Injury caused during Surgery

You have already received several excellent answers on this site. I especially like the well-written response from Anthony Dewitt. I too have "handled" medical negligence cases in the greater St. Louis metropolitan area over the last twenty nine years. At first, I represented the injured party on my own, or through my own firm. Later, I determined that it was often more efficient, and for many reasons better for my client for me to enlist the services of certain lawyers or law firms specializing in this field as co-counsel. In that way, I could maintain a primary relationship with my client and always be there to oversee the handling of the case and the communications with the client, as well as perform a portion of the legal work. The client would pay one attorney's fee under a contingency fee contract, and the lawyers involved would apportion that one attorney's fee among the lawyers according to the amount of work done by each, and other factors set forth in the pertinent ethical rule. I believe that the most important thing for anyone to consider when hiring an attorney for any case, is whether or not you can trust the attorney. Most attorneys are indeed trustworthy, but unfortunately not all attorneys are. So, hire an attorney that you trust to do what is best for you and your wife, even if that attorney elects to bring in co-counsel.

I wish your wife the best possible recovery, and I wish you both the best of luck with your claim.

Re: Injury caused during Surgery

Nicking the bowel is not necessarily negligence, however, failing to detect the leak and fix it likely is negligence. My sincere sympathy for what your wife is going through. Time in the ICU is like months of your life lost forever. Please pass along our good wishes for her recovery.

Under the malpractice "reform" law passed in 2005, your damages are limited to $350,000 for noneconomic causes (pain, suffering, disability, disfigurement, etc.) and are affected by how much your insurance company paid with respect to how much you may ultimately recover. If your wife was working, you need to gather up your tax information and be prepared to bring it to any meeting you have with an attorney. Lost wages and lost earning capacity are not capped. In looking for an attorney, you want someone who understands the different categories of damages, and also a firm that can assist you in making a good claim with excellent experts. In cases like these, the quality of the experts is what determines the success of the case.

The first and most important question you need to ask is "how many medical malpractice cases has your firm handled," and the second question is "how many cases like this (surgical malpractice) has your firm handled."

Most firms require a 40% contingent fee, with some firms charging different percentages at different times during the case. Ask about fees, expenses, and whether you have to put in any money up front.

Our firm handles cases of this type of case all the time, and we'd be more than happy to talk to you about what your wife went through. Our Leawood Office is listed in the phone book, or our website is www.bflawfirm.com.

Whatever you decide, get a lawyer involved the moment your wife is out of the hospital. The longer you wait, the more difficult it is to investigate these cases.

Good luck

Re: Injury caused during Surgery

Medical malpractice claims are some of the most complex and hotly disputed claims in the law. First, liability must be established. That means a surgical expert must be willing to testify that the medical standard of care was breached by the operating surgeon. If the necessary opinion is obtained, then damages are evaluated. Damages depend on many factors: pain suffered, time in coma, time in hospital, permanent disability, and loss of income or earning capacity. Any attempt to give a ballpark on the recovery should be viewed with some skepticism. Consult an attorney who has medical malpractice experience. That is the best way to get sage advice on all issues, including coordination of benefits with health insurance providers, and structured settlements that may pay out over many years.

Re: Injury caused during Surgery

There is no way to ballpark a figure without knowing the amount of the bills and your wife's future prognosis. I agree with the prior post that when you shop for a lawyer ask not only how many med. mal. cases they have, but also "Do you actually litigate these cases or do you refer them out". Also, you might check with your insurance company and find out if they are an ERISA plan. As for pressure from the hospital/ins. co., probably not, but do be careful about statements you make while around them. If they have the notion that you are talking with lawyers, then they may start protecting themselves through the medical records.