Contact the Law Offices of Wolff & Wolff today at 314-584-4109 or 314-584-4105 for your free initial case consultation
Undergoing medical treatment can be a daunting experience even for the most courageous among us. It can be even more frightening to contemplate the fact that doctors, too, are human beings who make mistakes. Nevertheless, if you have been injured by medical malpractice, you are entitled too full compensation for all of your losses, both tangible and intangible.
Frequently Asked Questions about St. Louis Medical Malpractices
How do I know if I have a good case?
Just because something went wrong doesn’t necessarily mean you have a valid malpractice claim. Nevertheless, doctors are highly trained professionals and they are held to a high standard of care for their patients. If their conduct fails to meet that standard, a medical malpractice claim is quite appropriate. It can be tricky, however, to establish the exact standard of care that your health care provider owed you in a particular case – indeed, one or more medical expert witnesses may be necessary to prove your claim.
What Kind of Damages are Available?
Missouri medical malpractice law allows you to recover for any expense or loss that was caused by the malpractice including medical expenses, lost earnings (both lost work time and inability to return to your former position), out-of-pocket expenses such as child care and transportation, pain and suffering, mental anguish (for loss of the ability to perform daily activities such as exercise) and, in rare cases, punitive damages.
Can a Medical Malpractice Case be Re-Opened After it is Settled?
No, not unless the other party inexcusably failed to insist on the presence of a release of liability clause in your settlement agreement, which almost never happens. This means that no matter how inadequate you may eventually find your settlement amount to be, you will never get a dime from a defendant beyond what was agreed in the settlement agreement.
Consequently, it is imperative that you identify and claim all of your past, present and future damages right from the outset, especially anticipated future medical expenses. An experienced medical malpractice attorney will know how to best estimate these damages, while a settlement agreement negotiated by a novice attorney could leave you in big trouble decades down the road.
What it Takes to Win
A defendant in a medical malpractice case, whether a doctor, nurse, technician or hospital, is likely to consider a medical malpractice claim to be an attack on their reputation. Because of this, they are likely to pursue a “scorched earth” defensive strategy by conceding nothing and fighting to the bitter end. For this reason, medical malpractice cases are settled out of court less often than other types of personal injury claims. Nevertheless, a significant percentage of medical malpractice claims are settled out of court.
Contact the Experienced St. Louis Medical Malpractice Lawyers at Wolff & Wolff
The distressing aftermath of a medical malpractice injury is no time to go it alone — you are likely to be physically, emotionally and financial vulnerable to a stubborn defendant who is dead set against admitting any kind of liability. Fortunately, effective legal assistance is only a phone call away. Contact the Law Offices of Wolff & Wolff today at 314-584-4109 or 314-584-4105 for your free initial case consultation.