Understanding the differences between medical malpractice and standard negligence cases is crucial for personal injury cases. These two types of cases in Missouri have distinct legal requirements and procedures. In this blog post, we aim to shed light on the distinctions between medical malpractice and standard negligence cases in Missouri, providing valuable insights to help individuals navigate these legal matters more effectively.
Medical Malpractice Cases in Missouri
Medical malpractice cases involve claims against healthcare professionals and facilities when a patient is harmed due to negligence or failure to meet the expected standard of care. Such intricate cases demand a deep understanding of medical practices and legal intricacies.
Defining Medical Malpractice
In Missouri, medical malpractice occurs when a healthcare provider's actions or omissions deviate from the accepted medical standard, leading to harm or injury to a patient. This breach of duty could result from misdiagnosis, surgical errors, medication mistakes, birth injuries, or lack of informed consent.
To succeed in a medical malpractice case, we at Bertram & Graf, L.L.C. must establish the following elements: a duty of care owed to the patient, a breach of that duty, a causal connection between the breach and the patient's harm, and the resulting damages suffered by the patient.
Standard Negligence Cases in Missouri
On the other hand, standard negligence cases deal with personal injury claims arising from a failure to exercise reasonable care, not limited to medical professionals. These cases encompass various scenarios, from slip-and-fall accidents to motor vehicle collisions.
Understanding Standard Negligence
In Missouri, standard negligence cases hinge on the concept of duty of care. Individuals or entities are required to act as a reasonable person would in similar circumstances, ensuring the safety and well-being of others.
Types of Standard Negligence Cases
At Bertram & Graf, L.L.C., we handle various standard negligence cases, including premises liability, product liability, auto accidents, and workplace injuries. Our experienced team diligently investigates each case, striving to prove negligence and secure rightful compensation for our clients.
Key Differences Between Medical Malpractice and Standard Negligence Cases
While both medical malpractice and standard negligence cases involve the concept of negligence, several essential differences set them apart:
Duty of Care
Medical malpractice cases focus on the duty of care owed by healthcare providers to their patients. In contrast, standard negligence cases involve the duty of care owed by individuals or entities in various settings.
Medical malpractice cases often require expert medical witnesses to establish the standard of care and demonstrate how it was breached. Standard negligence cases typically involve witnesses with knowledge of the specific circumstances of the incident.
Statute of Limitations
The statute of limitations in Missouri for filing medical malpractice and standard negligence claims differs. It is crucial to understand the applicable timeframe to ensure the timely pursuit of justice.
At Bertram & Graf, L.L.C., we recognize the significance of distinguishing between medical malpractice and standard negligence cases in Missouri. By offering this insight, we aim to equip our clients and the community with the knowledge they need to protect their rights and seek justice in the face of negligence. If you or your loved one has experienced harm due to medical malpractice or negligence, don't hesitate to contact our experienced legal team for dedicated support and expert guidance. We are here to fight for your rights and pursue the compensation you deserve.
Contact Bertram & Graf, L.L.C. today to schedule a consultation and explore your legal options!