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Medical Malpractice Lawyers

A medical malpractice lawyers Springfield Mo can help you if you've been injured because of an error or negligence in the care you received from a doctor or other healthcare provider. These professionals can help you determine your legal options and fight for the compensation you deserve.

Human errors

One of the perks of living in Missouri is access to the plethora of quality hospitals, health care providers, and doctors. While you're at it, consider hiring a quality Springfield medical malpractice attorney who will protect your best interests. The lawyers at Lowther Johnson Attorneys at Law, LLC have been helping patients recover monetary compensation for over a decade. Their knowledge of the law is unsurpassed, and they'll make sure you're not just another nameless statistic.

In this day and age, being a medical professional requires more than just being a good employee. If you're injured or die on the job, you'll need a law firm who can get you the kudos you deserve. Not to mention, you may need help getting the best possible medical treatment for your injuries. If you're on the lookout for the best legal help, get a free consultation from the legal experts at Lowther Johnson Attorneys at Law, PLLC.

Medical device defects

If you've been injured by a defective medical device, you may be eligible for a claim. These damages can help cover your medical expenses and future earnings.

There are three types of damages that are awarded in a defective medical device case. They are economic, non-economic and punitive. The amount of each is determined by the severity of the accident. The non-economic damages include pain and suffering.

A failure to warn claim is when a manufacturer fails to provide the proper warnings about the dangers of a defective product. This is often a result of a missing safeguard or insufficient testing.

A design defect claim is when a medical device is damaged by a faulty design. This can result in the death of a patient. A defective surgical implant can cause additional surgery and severe pain.

Other forms of defective medical devices can cause permanent disability or injury. They may also have overly sharp edges. A faulty defibrillator can waste valuable life-saving time.

Statute of limitations

A medical malpractice lawyer can help you receive compensation for your injury. However, you will have to make sure you comply with the medical malpractice statute of limitations in Missouri. These limitations are intended to ensure that you have a legitimate claim, and that your lawsuit does not go to waste.

There are several different ways to meet the statutory requirement, and a number of exceptions as well. Typically, you have two years from the date of your malpractice to file a lawsuit. If you are a minor at the time of your injury, you will have until your 20th birthday to file.

A statute of repose is an exception to the usual two-year limit. This allows you to file a case if you were injured by a doctor's wrongful act, but does not apply to minors.

The discovery rule is another exception. It gives you the opportunity to file a case if a foreign object was left inside your body during surgery. This is a big deal in the medical world because it is a violation of a health professional's duty to provide competent care.

Comparative negligence

If you're injured due to someone else's negligence, you may be able to file a lawsuit and recover damages. You must hire a qualified medical malpractice lawyer in Springfield to ensure your rights are protected.

In order to file a medical malpractice claim, you'll need to show that the healthcare provider failed to meet a standard of care. Your lawyer will evaluate the circumstances and collect evidence that proves your claim.

In most cases, you will be awarded damages that are based on your proportion of fault. For example, if you were 25% at fault, you could recover $7,500 from the other party. If you were found to be 30% at fault, you could recover 70% of the damages.

However, there are some exceptions to this rule. In the Commonwealth of the Northern Mariana Islands, Puerto Rico, and New York, you'll be able to receive an award based on pure comparative fault.
In other jurisdictions, you'll have to meet a certain level of contributory negligence to recover. For instance, in Missouri, you can only recover if your contribution is less than 50%.