Medical malpractice lawyer · St. Louis
Medical malpractice lawyer in St. Louis: when care falls below the standard
Medical malpractice in Missouri means a health care provider gave care below the level a careful provider in the same field would give, and that care caused harm. A bad outcome alone is not malpractice. You generally have two years from the date of the care to file suit.
What medical malpractice means in Missouri
Most medical care in St. Louis is careful and good. Doctors, nurses and hospitals work hard, and most bad outcomes are nobody’s fault. Malpractice is the narrow case where care fell short and that shortfall hurt someone.
Missouri law sets out the claim in a statute (RSMo 538.210). You must show two things:
- The care fell below the standard. The provider did not use the skill and learning that members of the same profession ordinarily use in the same or similar situation. Lawyers call this the standard of care.
- That failure caused harm. The lapse directly caused, or helped cause, the injury or death.
Both parts matter. A mistake that caused no harm is not a case. Harm that came from the illness itself, and not from the care, is not a case either.
What malpractice is not
Many people leave a hospital upset, and often for good reason. But the law draws lines. These things, on their own, are usually not malpractice:
- A bad result. Surgery can fail and treatment can stop working even when every step was done right.
- A known risk that happened. Some risks come with a procedure even when it is done with care.
- A choice between accepted options. If careful doctors could choose either path, picking one is not a lapse.
- Poor bedside manner. A rude or rushed provider may deserve a complaint, but rudeness alone is not a legal claim.
This is why every case starts with a careful look at the records. The question is never just “did something go wrong?” It is “would a careful provider have done something different, and would that have changed the outcome?”
Who can be responsible
Missouri law uses the term “health care provider” (RSMo 538.205). It covers far more than doctors. It includes:
- Physicians, doctors in training, dentists and chiropractors.
- Hospitals and outpatient surgery centers.
- Registered nurses and licensed practical nurses.
- Pharmacists, physical therapists, psychologists, optometrists and podiatrists.
- Long-term care facilities, such as nursing homes. See the nursing home neglect page.
More than one provider can share responsibility. A hospital may answer for its own nurses and staff. A doctor who is not a hospital employee may have to be named separately. The hospital negligence page explains why that matters.
How a Missouri malpractice case works
- You talk with the firm. You explain what happened and when. Mr. Padda asks about the dates, because the deadline is short.
- The records come in. The firm gathers your full medical records, bills and test results.
- A qualified health care provider reviews them. Missouri requires a written opinion from a licensed provider in the same field. That person must say the care fell short and caused harm.
- The lawsuit is filed. Within 90 days after filing, your lawyer must file an affidavit saying that opinion was obtained (RSMo 538.225).
- Discovery. Both sides trade records and question witnesses under oath. Each side uses expert witnesses to explain the medicine to the jury.
- Mediation or trial. Many cases go to a meeting with a neutral person who helps the two sides talk. Cases that do not resolve go to trial.
These cases take time and careful work. That is one reason to reach out well before the deadline.
2 years
The general deadline to sue a Missouri health care provider, counted from the date of the care. Some exceptions apply. Source: RSMo 516.105.
The deadlines and caps guide covers the exceptions, the affidavit rule and the limits on damages.
What you can do now
- Keep getting care. Your health comes first. You can see a new provider if you wish.
- Ask for your records. You have a legal right to copies. Ask for all of them, not a summary.
- Write a timeline. List dates, names, symptoms and what each provider told you. Do it while memory is fresh.
- Keep your bills and receipts. Include time missed from work and travel for care.
- Do not sign a release without advice. A release can end your claim for good. Read it with a lawyer first.
Your first consultation about a possible malpractice case is free. Harjot Singh Padda, JD will listen, look at the timing, and tell you plainly what the next step would be.
Types of malpractice cases the firm handles
Misdiagnosis and delayed diagnosis
When a condition is missed or found late, and the delay changes the outcome.
Mistakes before, during and after surgery, and how they differ from known risks.
Wrong drug, wrong dose, missed allergies and pharmacy mistakes.
Harm to a baby or mother during pregnancy, labor or delivery.
Nursing care, monitoring and hospital systems, and who answers for each.
When you were not told about a risk a careful doctor would have explained.
The two-year rule, the affidavit and Missouri’s caps, in plain words.
Common questions
How do I know if I have a malpractice case?
You usually cannot tell from the outside. A qualified provider has to review the records. Start by gathering them. See what to bring to your consultation.
How long do I have to file a malpractice claim in Missouri?
Generally two years from the date of the care, with a few exceptions. Read the deadlines and caps guide.
Can I sue if my loved one died after medical care?
A family may have a wrongful death claim. Missouri law says who can bring it. See who can sue for wrongful death.
Is a nursing home a health care provider under Missouri law?
Yes. Licensed long-term care facilities are on the list. See nursing home neglect.
Is the first consultation free?
Yes. Your first consultation about a possible malpractice case is free. See what to bring.
Related reading
Sources
- Mo. Rev. Stat. § 538.210 (the malpractice claim and its elements; noneconomic damage limits; punitive damages). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 538.205 (definitions: health care provider, catastrophic personal injury, economic and noneconomic damages). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 538.225 (health care provider affidavit; 90-day filing rule). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.105 (two-year limit for claims against health care providers; foreign objects, test results, minors, ten-year outer limit). Missouri Revisor of Statutes