Legal Question in Medical Malpractice in Missouri

Re: bad judgement on broken bone

You may or may not have a valid cause of action which would be worth pursueing. The first thing you need to know is that you will need an expert opinion that your doctor committed professional negligence. Usually, your attorney will obtain all of the available medical records and have them reviewed by a medical expert (usually a doctor who practices in the same area of medicine as your doctor and preferably in the same geographical area). This initial step almost always costs a substantial amount of money, and most attorneys require the client to put this money into trust up front. If the expert report does not come back in your favor you are out a substantial amount of money. But, if the expert report comes back favorably, then you may be able to file a lawsuit. It is extremely unusual for any health care provider's medical malpractice insurance carrier to settle a claim for a reasonable amount. Before initiating these proceedings, your attorney should analyze your "damages", and make a highly educated guess as to the final value of your case. That might be what a jury would award after trial, or what the insurance company would settle for following a jury verdict pending an appeal by the defendant doctor, or what a judge might reduce a high jury award to (referred to as "remittitur"), or what a court of appeals would uphold. As you can see, this is not an easy task to accomplish in the first place. But, if your damages and the estimated value of the case justify proceeding after considering the costs which will be required to be expended getting there, including the deduction of 33 1/3% to 50% attorney's fees, then you may elect to go forward. In many such cases, it is not unusual for the plaintiff's costs to be in the $25,000 to $50,000 range.If you are seriously interested in looking into this matter, you may call me for a consultation appointment at 314-727-2822.