While medical errors occur daily in hospitals across the country, not every mistake qualifies for a medical malpractice lawsuit. Understanding the difference is crucial for potential plaintiffs.
Requirements for a Missouri Medical Malpractice Lawsuit
To successfully bring a medical malpractice lawsuit, you must be able to prove two key elements:
1. Negligence occurred
2. This negligence directly caused injuries and damages
The Critical Role of Medical Experts in a Missouri Medical Malpractice Claim
Even when negligence seems clear, we cannot file a lawsuit without meeting a crucial requirement: obtaining an expert medical opinion. This opinion must come from a qualified medical professional who can testify that:
- A healthcare provider (doctor, nurse, or hospital) deviated from the standard of care
- The provider failed to act as a reasonable medical professional would have under similar circumstances
What is the Standard of Care?
The standard of care refers to what a reasonable healthcare provider would do in the same or similar circumstances. This includes:
- Making appropriate medical decisions
- Following established protocols
- Providing proper treatment
- Maintaining acceptable levels of care
Understanding these requirements is essential for anyone considering a medical malpractice claim. While medical errors may be common, proving legal negligence requires specific evidence and expert support.
