Certain criteria must be met to prove that medical malpractice exists. Specifically, you must prove that a reasonable standard of care was not given and that this lack of proper care contributed to your injuries.
For the first criteria to be met, you must show that your doctor somehow failed to perform his duty. A doctor who does his best and uses all the resources possible to help the patient is not a source of medical malpractice just because the patient doesn't get better. In such a case, there was nothing more the doctor could have done.
However, if the doctor makes a crucial mistake or fails to take action when something could be done, these are potential instances for medical malpractice in Missouri. Next, you must also prove that this action (or inaction) somehow contributed to your injury.
Unfortunately, it's extremely difficult to prove either of these criteria. For starters, your best piece of evidence is the hospital records, and it's unlikely that the doctor will put into writing his misgivings about a certain choice or action made regarding a patient.
The best way for you to know for sure whether your particular circumstances have the makings of a successful medical malpractice lawsuit is to speak with a skilled St. Louis medical malpractice lawyer. An experienced lawyer recognizes the signs of serious medical malpractice and knows how to get the required evidence to present a convincing case.
For a free consultation, call the Law Offices of Alvin Wolff, Jr., at 877-241-1020. When you arrive, don't forget to pick up your free copy of our book: How to Pick a Lawyer.