Legal Question in Medical Malpractice in Missouri

Re: Is this a case of malpractice?

In order to determine whether you have a valid claim of medical negligence (malpractice), an attorney would interview you to obtain all of the details involved. The attorney would have you sign authorization forms so that the attorney could obtain copies of all of the pertinent medical records. The attorney would locate and hire a medial expert (usually a doctor with experience in the same medical field and geographical area of your primary physician if possible, but often it is not). The medical expert would review all of the records and all of the information gathered and provided by the attorney to form an opinion whether or not your primary physician failed to perform up to the professional standards of care existing in the community. If so, you have a claim. If not, you don't. Of course you can always try a different expert if the first one's conclusions do not suit you, but this is seldom done. In order to get even this far in the process, you will need to make financial arrangements with the attorney which usually means paying a substantial retainer fee to compensate the attorney for his or her time and effort. You will also need to pay up front for all costs incurred including the costs of the medical records, and the fees of the expert which are usually substantially more than the attorney's fees. Most attorney's in this field and in this area suggest that an individual should plan on spending $30,000 to $50,000 or upwards to prosecute a medical negligence lawsuit, and that is with your attorney agreeing to accept a percentage of any monetary recovery at the end of the case for a part of the attorney's fees. In order for this to make sense, your "damages" have to be of a relatively high jury value, and that is why most attorneys do not pursue such cases unless there are very substantial damages. Still, if you would like to consult with me about this matter you may feel free to call me at my office. Good luck.

Re: Is this a case of malpractice?

What does your new cardiologist say? It is rare for a physician to say that another physician within his community committed malpractice, but if he or she feels strongly enough about it, then he/she just might help. As for your general thoughts on whether this is a claim, if your current treator is saying "this should have been diagnosed earlier" and "if this had been caught 7 months ago, then you wouldn't have your current problems". then you have a good idea that this is a claim.

Re: Is this a case of malpractice?

The situation you describe sounds as though it might be negligence. The only way to be sure is to have the medical records reviewed by a competent expert. You need to find an attorney who works in this area to assist you in reviewing the records. Our firm would be more than happy to assist you.