Recently in Medical Malpractice Category

A New York Times article recently discussed an emerging trend in hospitals that supports open disclosure of possible medical malpractice amongst doctors and patients.  It had been a long standing procedure for doctors NOT to disclose medical errors to patients, leaving the patients and lawyers to decide whether medical negligence had occurred.  Doctors are now being encouraged to disclose, even apologize, to patients when a medical mistake takes place.  According to a study by the University of Michigan Health System, this new approach of repentance has actually resulted in fewer medical malpractice claims being filed against physicians and hospitals. 

Coincidentally, the Missouri Supreme Court will hear oral arguments this week in a case advocating for the repeal/amendment of Missouri's non-economic damages cap for medical malpractice lawsuits.  In Klotz v. St. Anthony's Medical Center et al, the plaintiff challenges the constitutional validity of Missouri's non-economic damages cap of $350,000 in a med mal case.  The Klotzes will argue that Missouri Revised Statute 538.210 violates their constitutional rights to economic recovery, as well as challenging the reason (or lack thereof) for the Missouri legislature enacting this statutory damages cap in this first place.  Missouri has some of the most doctor-friendly medical malpractice laws in the country. 

To discuss your Missouri medical malpractice claim, contact attorney Stephen Schultz by calling (314) 448-0934 or toll-free at (866) 840-3636.  The medical malpractice lawyers at Schultz Legal Group hope to see the Klotz's win their argument in the Supreme Court this week.  It would be a victory for all future victims of medical malpractice.    

President Obama is in the midst of tacking health care issues, but he has also verbally pledged to "deal with" medical malpractice claims.  Obama does not share the Republican plan to limit medical practice claims by capping damages.  Instead, President Obama wants to fund programs that encourage negligent doctors to deal with a mistake by acknowledging it, apologizing, and compensating if necessary.  No one is sure what "compensating" means by the way, as hospitals who employ negligent doctors would have discretion on what 'fair compensation' actually is...similar to a insurance claims adjuster.  However, Missouri Medical Malpractice Lawyers should agree with the President's opinion that "capping medical malpractice claims is an unfair to people who have been wrongfully harmed."

I Missouri, medical malpractice claims have been capped by the legislature.  The maximum any one claimant can receive for non-economic damages is $350,000.  This means that no matter how bad the injury victim suffered, the max available to compensate that pain and suffering is $350,000.  There is no cap on non-economic damages, which include hospital bills associated with recovery or treatment for the harmed caused by a negligent doctor. 

The American Medical Association was reserved in its response to Obama's opinion on curbing medical malpractice claims, but one would assume it would please the association.  It is disheartening for the victim of medical malpractice to learn of more intent to thwart meritorious lawsuits.  The fact of the matter is, medical malpractice CLAIMS are at an all-time low, as are medical malpractice insurance RATES.  It seems unfair and unconstitutional to move towards any more medical malpractice tort "reform", as it appears that people with legitamite Missouri medical malpractice claims are choosing not to file them due to the reform already in place.    

It is a shame.  The Missouri Legislature has done everything possible to deter victims of Missouri medical malpractice from filing injury and wrongful death claims against negligent doctors and the hospitals that employ them.  So far, the legislature has placed a 'damages cap' of $350,000 for non-economic damages on any medical malpractice claim filed after 2005.  They have also limited the amount of punitive damages that are recoverable, even against the most grossly negligent doctors and hospitals in this state.  The legislature's reasoning: increasing medical malpractice insurance premiums. 

THIS MAKES NO SENSE!  The National Practitioner Data Bank (NPDB) just published research that for the third straight year, claims of medical malpractice have decreased.  Even more relevant to thwarting the Missouri legislature's rationale for limiting claims is that the NPDB claims that in 2008, malpractice insurance premiums were 30.7% lower than all previous years.  Actually, malpractice insurance premiums were the lowest on record for 2008. 

Studies show that between 3 and 7 citizens die as a direct result of medical negligence for each person for recieves any type of compensation from a medical malpractice claim.  That sickens me.  If you suspect that you or a loved one has been the victim of medical negligence, contact a Missouri Medical Malpractice Lawyer at Schultz Legal Group for a consultation.  Be careful not to wait too long, as the statute of limitations in Missouri for medical malpractice are very short.  If you don't file your injury claim in the appropriate court within this short timeframe, your claim may forever be barred.

This is a question most Missouri injury victims face when they are involved in several types of potentially actionable claims, such as:

• Automobile Accidents
• Tractor-trailer (semi-trucks, 18-wheelers) Accidents
  
• Motorcycle Accidents
• Bus Accidents
• Dog Bites
• Defective Products
• Slip & Fall Accidents
• Missouri Death Claims

The situation is often times stressful.  You have the incident itself that caused the personal injuries, and then you have the insurance adjuster that typically calls a few days later and begins his/her goal of minimizing your injury claim.  Essentially, you are set up to victimized twice.

Statistics provide that those who retain the legal services of a Missouri Accident & Injury Lawyer received 3x-5x more compensation that those victims who choose to deal with the defendant's insurance company directly.  So what types of claims can you handle without the services of a personal injury lawyer?  Very minimal claims involving very little property damage and no personal injuries can usually be handled by the victim on his/her own.  When you add personal injuries to the equation, it is always beneficial to, at the very least, consult the legal advice from a Missouri personal injury attorney.

Understand that insurance adjusters are highly trained and skilled at dealing with both injury and property damage claims.  Ask yourself this question:  Does the insurance adjuster really have MY best interests in mind, or that of his managers and stockholders?  The answer is obvious.  I encourage any injury victim to visit the Schultz Legal Group article on How Insurance Companies Adjust Claims.  Contact St. Louis Accident and Injury Lawyer Stephen Schultz at (866) 840-3636, (314) 448-0934, or by email to discuss your injury claim.

An accident reconstructionist offered favorable courtroom testimony for the young University of Missouri-Columbia student who was severely injured in 2005 when two vehicles struck her bicycle as she was heading to class.  Krysten Chambrot was struck by defendant #1's Miata, catapulted into the air and then ran over by a truck operated by defendant #2.  Chambrot suffered catastrophic injury to her lower extremities, resulting in amputation and mangle.  She also broke her jaw during the collision.

Expert testimony is critical in cases where the facts are in dispute.  In this case, the facts of the crash itself were in contention, requiring the use of a reconstructionist to determine speed of the vehicles, contact points, and ultimately, fault.  Expert recontructionists rely upon evidence from the scene, witness statements, and mathematical formulas in creating their account of what really happened during the collision.  Expert testimony such as this can be critical in determining whether a driver was negligent, negligent per se, or even reckless.

Our St. Louis accident and injury lawyers retain experts such as an accident reconstructionist when the the facts of the accident scene are unclear.  Experts provide our attorneys with an independent assesment of the facts using sound principles of physics and evidence gathered in the case.  Often times these experts testify at trial, helping the jury understand what really happened at the scene.  Call injury attorney Stephen Schultz today to learn how an accident reconstructionist can help in YOUR case!