Medical Malpractice is what the law refers to as a tort based on improper health care.
A medical malpractice case exists when a doctor, nurse, hospital employee or other health care practitioner fails to exercise that degree of skill, care and learning ordinarily used by members of that person's profession and as a result of that failure, a person is injured or dies.
There is a two year statute of limitations for a malpractice case in Missouri and Illinois. In Missouri the statute of limitations for a death case is three years.
Several years ago the law changed requiring a person filing a malpractice case to have an affidavit from an expert (not necessarily the one who will be used at trial) stating that there was malpractice and that an injury resulted from malpractice. Without this affidavit, the court has the power and is required to dismiss cases within a certain amount of time.
Damages in a malpractice case are divided into four areas. Past economic, future economic, past non economic and future economic damages. The current cap in Missouri is $350,000 for non economic damages and there is no cap on economic damages. In Illinois no caps apply.
The place for filing a malpractice case is the county in which the injury occurred. This is commonly referred to as venue.
Our firm has successfully handled many medical malpractice cases over the years dealing with issues involving birth trauma, brain injury, shoulder dystocia, preeclampsia, general surgery, laproscopic surgery, plastic surgery, orthopedics, neurology, heart surgery, anesthesia, chiropractic, nursing homes, internal medicine to name a few.
Unfortunately, because of the current caps, our screening requirements are very stringent and we take very few cases. Every case is worth looking at. If you have a situation where you believe that you or a loved one suffered an injury from medical malpractice, give us a call at 314-241-2500 and ask for Alvin Wolff.