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Recovery from Medical Malpractice

If you have been harmed by a healthcare provider’s error or negligence, you could be eligible to recover: 

  • Reimbursement for bills and medical expenses – you could be entitled to compensation for your medical bills
  • Pain and suffering – this is a legal term for the compensation available for a victim of medical malpractice or negligence who suffers continued physical pain or disability, particularly in cases of permanent impairment  
  • Mental anguish – often, victims can recover for the emotional strain they feel and that is imposed on family members due to prolonged illness and worry about the future

If a family member has been seriously injured or has died due to medical negligence or malpractice, you may have legal rights on behalf of your loved one.  You may be entitled to recover for:

  • Loss of consortium – this is a legal term for the loss of companionship and partnership that someone experiences when a spouse becomes gravely ill or permanently injured
  • Wrongful death – this is the legal term for a claim by a person who has lost a family member due to medical error    

If the evidence shows that the doctor, nurse, or other health care provider acted willfully, wantonly, maliciously, fraudulently, with bad faith, or with a conscious indifference to the potential consequences, you may also be eligible for punitive damages

Punitive damages are awarded by a jury to a plaintiff to punish the defendant and deter others from acting similarly.  There are a number of situations in which it may be possible for a plaintiff to recover punitive damages from an individual health care provider. Courts have awarded punitive damages in the following situations:

  • Failure of surgeon to obtain the patient's informed consent to the surgery
  • Misrepresentation or fraud regarding surgery
  • Altering medical records
  • Performing an inappropriate procedure because the healthcare professional was unable to perform the what was needed
  • Continuing to use a particular treatment when it has had bad results in the past.

A plaintiff may also be able to recover punitive damages from a medical facility, such as in cases where the hospital or care center knowingly allowed or permitted a provider’s substandard treatment or care without intervention.

In Missouri, 50% of all punitive damage awards are put into the Missouri Tort Victims’ Compensation Fund, which helps victims of torts who cannot recover from the defendant at fault.

To read more about the Missouri Tort Victims’ Compensation Fund, click here:

If you have been harmed by medical malpractice or negligence, recovery for injuries like these requires immediate legal action to start and begin building a case.  Identifying the parties at fault is crucial, and this involves a thorough investigation.  We have the means and experience to conduct this kind of investigation and put together the necessary evidence to build a case. 

It’s our job to hold big companies accountable and make sure they are researching, testing, and marketing their products with the highest degree of care.  Contact us today and tell us what happened – we will answer your questions for no charge or obligation.