Medical Malpractice Attorney in St. Louis, MO

Understanding Medical Malpractice in St. Louis

Under Missouri Revised Statutes Section 538.205, medical malpractice is defined as any act or omission by a healthcare provider during the course of providing healthcare services that deviates from the accepted standard of care and causes injury or death to a patient.

Standard of Care: Refers to the level of skill, expertise, and care that a reasonably competent healthcare provider in the same field would provide under similar circumstances.

Medical malpractice happens when a healthcare provider doesn’t meet legal care standards, resulting in harm to the patient. These standards refer to the level of skill, knowledge, and care that a competent provider would show under similar circumstances. When a doctor, nurse, hospital, or other medical professional breaches this duty of care, it can lead to serious and often preventable harm.

In St. Louis, as in the rest of Missouri, healthcare providers are held to strict legal standards. Medical malpractice claims in the area are governed by both state law and federal regulations, ensuring that healthcare professionals adhere to the highest standards of care. Unfortunately, medical mistakes still occur, and patients may suffer the consequences.

Common cases of medical malpractice in St. Louis involve errors in diagnosing serious conditions such as cancer, heart disease, or stroke. Additionally, surgical errors, such as performing the wrong procedure or leaving surgical instruments inside the patient, are also frequent causes of harm. Local hospitals and healthcare providers are not immune to these issues, and when malpractice occurs, victims have the right to seek compensation for their injuries.

If you or a loved one has suffered due to a healthcare provider’s negligence in St. Louis, it’s essential to consult with a medical malpractice attorney. They can help navigate Missouri’s legal landscape, which includes understanding the statute of limitations for filing a medical malpractice lawsuit and gathering the necessary evidence, such as medical records and expert testimony, to support your case.

Whether the harm occurred at a hospital, medical office, or even in a nursing home, a skilled attorney can protect your rights and help you receive the compensation you deserve.

Types of Medical Malpractice Cases

Medical malpractice covers a broad range of situations, and cases can vary significantly in complexity. Below are some common types of medical malpractice claims our attorneys handle in St. Louis, MO:

Failure to Diagnose

In cases where a doctor fails to diagnose a serious condition, such as heart disease, cancer, or infection, it can lead to delays in treatment. This can make the condition harder to treat and can result in the patient’s condition becoming irreversible, or even cause wrongful death.

Surgical Errors

Surgical mistakes can have life-altering consequences. These can include performing the wrong surgery, leaving surgical instruments inside the patient’s body, or causing severe damage to surrounding organs or tissues. 

Medication Errors

Medication errors are one of the most common forms of medical malpractice and can include a doctor prescribing the wrong medication or a nurse administering the wrong dosage. These errors can lead to adverse drug reactions, overdoses, or even death.

Prenatal and Birth Injuries

Medical malpractice can also occur during pregnancy or childbirth. Negligent prenatal care can lead to avoidable birth injuries, such as cerebral palsy, Erb’s palsy, or even stillbirth. These injuries can have lifelong consequences for both the child and the family. 

Hospital Negligence

Hospitals can be held accountable for various forms of negligence, including substandard care from staff, improper sanitation practices leading to infections, or failure to follow proper procedures. 

Defective Medical Devices and Product Liability

Defective medical devices can cause serious harm. Examples include faulty hip implants, bad surgical tools, and failing pacemakers. When these devices cause harm, patients can sue the manufacturer or seller.

Do I Meet the Requirements for a Medical Malpractice Case?

To file a claim or lawsuit, you must be able to prove a medical malpractice case, which can be complicated. Medical malpractice cases require you to demonstrate that the healthcare provider’s actions, or lack thereof, directly caused harm to you or your loved one as the patient. 

To succeed, the following criteria must typically be met:

1. Duty of Care: The first element is establishing that the medical professional had a duty of care to the patient. Every healthcare provider has a duty to provide competent care to their patients. This can include doctors, nurses, hospitals, or other medical staff.
2. Breach of Duty: Once the duty of care is established, it must be shown that the medical professional breached that duty. This might include errors in diagnosis, improper treatment, surgical mistakes, or a failure to follow proper procedures. Expert testimony from other medical professionals is often required to demonstrate that the defendant’s actions fell below the accepted standard of care in the medical community.
3. Causation: It is essential to prove that the breach of duty directly caused the patient’s injury or worsening condition. This means showing a direct link between the healthcare provider’s actions (or inactions) and the harm the patient suffered. Without establishing causation, a medical malpractice lawsuit cannot proceed.
4. Damages: Finally, there must be demonstrable damages resulting from the malpractice. These damages can include physical pain and suffering, emotional distress, medical bills, lost wages, and in some cases, wrongful death. The damages must be significant enough to justify pursuing a legal case.

Working with an experienced medical malpractice attorney is key to navigating the complexities of proving a medical malpractice case and securing compensation for the harm you’ve suffered.

Our Medical Malpractice Case Results

Parks v. Dr. Daake, et al. – alleged negligent laparoscopic gallbladder removal. Defendant doctor clipped and transected the common hepatic duct during a laparoscopic cholesectomy. Settled with defendant immediately prior to trial for a confidential amount in 1997.

Lee v. Barnes-Jewish Hospital, et al., failure to diagnose deep vein thrombosis which led to a fatal pulmonary embolism for a 35 year old woman. Her husband and children settled for a confidential amount at mediation in 2001.

Vaughn v. Dr. Yzadi, alleged negligent laparoscopic gallbladder removal. Defendant doctor misidentified the common hepatic duct for the cystic duct and the hepatic artery for the cystic artery and clipped and transected the common hepatic duct and right hepatic artery. The surgeon further cut the ducts a second time where they went into the liver while dissecting the gallbladder away from the liver. This also caused a thrombosis in the portal vein which stopped the flow of blood to the liver and led to the eventual death of the patient. The case settled immediately prior to trial for a confidential amount in 2002.

Karr v. Dr. Cassady, defendant mistakenly clipped and transected the common bile duct during a laparoscopic cholesectomy and the failed to identify the error during surgery. Settled with defendant doctor prior to trial for a confidential amount in 2004.

Mottaz v. Barnes-Jewish Hospital, et al. – plaintiff was provided the incorrect medication, Loxipine, an anti-psychotic drug, instead of Raloxine (a medication for osteoporasis). The prescription was misfilled by the pharmacy and the mistake was not caught by the hospital. In 2005, the case settled for a confidential amount.

Fordham v. Dr. Choi and Mendota Community Hospital – plaintiff developed cervical cancer and had routine pap smears which were misread by the pathologist. The hospital settled in 2006 for a confidential amount and the case against the pathologist, Dr. Choi, is still pending.

Disclaimer – These results are not a guarantee of a similar outcome. Every case is unique and must be reviewed on its own facts and merits.

How a St. Louis Medical Malpractice Attorney Can Help

When pursuing a medical malpractice case, having a skilled lawyer is crucial. These cases are often complex, requiring expert testimony to prove a healthcare provider’s care was inadequate. 

Our experienced medical malpractice lawyers can help by providing the following assistance:

• Gathering Evidence: A successful medical malpractice case requires strong evidence, such as medical records, witness testimony, and expert opinions. Your lawyer will help collect this evidence, including obtaining detailed medical records and consulting with medical professionals who can act as expert witnesses.

• Navigating the Legal Process: Medical malpractice lawsuits can be long and complex. Your attorney will guide you through every step of the legal process, ensuring that all deadlines are met, including the statute of limitations, which is the time limit for filing a claim. 

• Dealing with Insurance Companies: Insurance companies often try to minimize payouts by offering a settlement that is far lower than what you deserve. Our medical malpractice attorneys have experience negotiating with insurance companies and can help secure a fair settlement for your case. 

• Expert Witnesses: Expert witnesses are essential to prove that the healthcare provider failed to meet the standard of care. Our team works with medical professionals who can testify about the specifics of your case and whether the healthcare provider’s actions were negligent. 

Compensation for Pain and Suffering: If you’ve suffered due to medical malpractice, you may be entitled to compensation for medical expenses as well as pain and suffering, lost wages, and emotional distress. Our skilled attorneys can help you calculate the full extent of your damages and pursue compensation for your physical, emotional, and financial hardships.

The Importance of Acting Quickly

If you believe you or a loved one has been the victim of medical malpractice, it’s important to act quickly. Missouri has a statute of limitations for medical malpractice cases, which is two years from the date of the injury or from when the injury should have been discovered. As such, delaying could result in your case being dismissed, leaving you without any recourse for your injuries.

Wrongful Death Claims

In tragic cases where medical malpractice results in the death of a patient, the surviving family members may be entitled to file a wrongful death claim. This type of claim seeks compensation for the emotional and financial losses suffered due to the death of a loved one. One of our experienced wrongful death attorneys can help guide you through this difficult process.

Historical Trends in Missouri Medical Malpractice Cases (2000–2024)

When it comes to understanding medical malpractice in Missouri, the numbers tell an important story. 

Drawing from data published by the U.S. Department of Health and Human Services’ National Practitioner Data Bank (NPDB), we analyzed statewide trends from 2000 to 2024 to give injured patients a clearer picture of the malpractice landscape.

The results show how payouts have evolved, how claim volumes have shifted, and why selecting the right legal team is more important today than ever.

Average Payouts Have Risen Dramatically

In 2000, the average medical malpractice payout in Missouri was approximately $196,000 (adjusted for inflation).
By 2024, it had grown to over $406,000, a 107% increase.

This trend shows that while filing a case has become more selective, successful claims are valued higher than ever. Serious injuries deserve serious compensation.

Fewer Claims, But Stronger Case Values

The number of medical malpractice claims filed in Missouri has fallen sharply over the past two decades. In 2001, there were 358 cases filed statewide.
By 2024, that number dropped to just 157 filings, a 56% decrease.

However, total malpractice payouts have continued to grow. Between 2001 and 2024, the real-dollar value of malpractice settlements and verdicts in Missouri increased by 9%.
This means that while fewer cases are making it into the system, the claims that do move forward are typically more substantial and better supported.

Physician Cases Continue to Dominate

Physicians (MDs and DOs combined) are responsible for over 77% of all malpractice claims filed in Missouri over the past 25 years, and more than 86% of total malpractice payouts.

If your case involves a doctor’s negligence, such as a failure to diagnose, surgical error, or improper treatment, you are squarely in the majority of successful claimants.

Growing Liability Among Advanced Practice Nurses

As the roles of nurse practitioners and physician assistants expand, so too has their exposure to malpractice claims.

Advanced-practice nurses accounted for less than 1% of claims in 2000. By 2024, they made up nearly 8% of all malpractice lawsuits filed.
The average payout in these cases also grew more than 30-fold over that time, from roughly $10,000 to over $320,000.

Record-Setting Verdicts Are Still Common

Missouri’s largest malpractice payout year came in 2011, when over $151 million was paid out to injured patients statewide (adjusted for inflation).
More recent years, 2022 and 2024, also saw strong settlement and verdict numbers, despite historically low case counts.

This shows that even when fewer lawsuits are filed, large verdicts for patients who suffered life-altering injuries remain possible.

Why Choose Carey, Danis & Lowe?

At Carey Danis & Lowe, we have extensive experience in handling complex medical malpractice cases, including:

• Failure to diagnose a heart attack
• Laparoscopic gallbladder surgery
• Emergency room negligence
• Pulmonary embolism
• Cervical cancer
• Surgical errors
• Prenatal injuries
• Late cancer diagnosis
• Hospital negligence
• Colon cancer
• Medication errors
• Bowel perforation
• Gastric bypass surgery
• Doctor/Nurse/Staff negligence
• Nursing home abuse & neglect

We understand the intricacies of medical malpractice law and have a proven track record of helping clients receive the compensation they deserve. Our team of skilled attorneys works closely with expert witnesses to build strong cases and has successfully taken many medical malpractice cases to trial.

Contact an Experienced St. Louis Medical Malpractice Attorney Today

If you or a loved one has been harmed due to medical negligence, don’t wait to seek legal help. Our medical malpractice attorneys in St. Louis offer free consultations and can help guide you through the legal process. We’ll fight tirelessly to hold negligent healthcare providers accountable and help you secure the compensation needed to move forward with your life.

Contact Carey, Danis & Lowe today for a free case evaluation.

Disclaimer – Submitting an inquiry does not create an attorney-client relationship. Please do not send confidential information until a formal relationship is established.