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Missouri Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Missouri on
Q: How much does an attorney usually charge to take on a case. For medical malpractice
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2021

Because medical negligence cases are so expensive, few plaintiffs pay their attorney by the hour. Rather, most attorneys who practice in this area of law represent clients on a contingency basis, meaning the attorney gets paid from the defendant if the case is a success.

1 Answer | Asked in Personal Injury, Products Liability, Wrongful Death and Medical Malpractice for Missouri on
Q: What steps do i need to take to present a wrongful death/medical malpractice/pharmacy liability case to an attorney?

I have done a lot of research on my family's behalf and we all feel that my father was a victim of unethical practice that led to his untimely passing at only 58 years of age. We would like to discuss our situation and hopefully pursue a favorable plan of action to give my father the proper... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 20, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. I'm very sorry for your family's loss. In terms of steps you could take, the most productive would be to see if you could set up a consult with a law firm. If you have medical records, those would be helpful.... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I won a large amount of money 10+ years ago in a cilvil suit. The other side settled out of court.

just as we were at the court house and set to pick a jury. I NEVER GOT PAID.... My attorney 1st said, i had to wait for the appeals to all run out. Then he said the money just disappered. My Attorney is in the top 3 of the top 10 list of ethical Attorneys in the nation. He handles Billion dollar... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 8, 2021

How in the world can there be a meaningful list of the most ethical attorneys in the nation? If your attorney failed to pay you then first contact the attorney and second you can file a bar complaint.

Why didn’t you take action 9 or 10 years ago? I suspect that there is more to the situation.

1 Answer | Asked in Landlord - Tenant and Medical Malpractice for Missouri on
Q: I was wondering if I can only sew the property manager company and not the owner of the building do to harassment

As well as get out of my lease early if needed. I've been the only tentant apporched about smoking on my back porch outside. There was no other tentants told about smoking outside only inside the apartments. Which didn't start happening until My rent wasn't paid that month. Which was... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 30, 2021

Anyone can sue anyone for anything, but it there has been a breach of your written lease, the proper defendant would be the lessor, not the property management company. Harrassment on account of smoking or a dislike of a tenant is not a cognizable cause of action in Missouri. If you were being... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: I'm trying to file a malpractice suit and i dont know where to start
Tim Akpinar
Tim Akpinar answered on Mar 28, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. Given the basic format of this question and answer board, it could be difficult for an attorney to meaningfully advise you. You could reach out to med mal law firms in your area. Most firms that handle such cases offer... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

To change out aortic valve they just put in for a smaller one and then there was blockages? She had catheraztion on both sides before surgery? I truely feel they messed up from beginning?

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

To answer requires a review of the medical records. Contact a member of the Missouri Assn for Justice who handles medical carelessness cases. However at her age with a cardiac situation it may be difficult to prove that it was carelessness as opposed to her body not reacting well to surgery, as... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

To change out aortic valve they just put in for a smaller one and then there was blockages? She had catheraztion on both sides before surgery? I truely feel they messed up from beginning? My question is ' Is the consideration malpractice for mis diagnoses? And she unfortunately died by... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 8, 2021

I so sorry to hear about your mother. Medical malpractice cases are complicated and difficult. A full gathering of the facts and thorough review of the medical records will be necessary to asses whether you would have a strong wrongful death suit. Most attorneys in the field work on a... Read more »

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for Missouri on
Q: I took my dog to my vet for concerns, blood tests were taken, they informed me it was hormonal, she passed weeks later

About a month later I had to rush her to the animal hospital for kidney failure, I had to put her to sleep and it’s devastated me and my family . She was only 5, great health and had a good home and we all loved her. This happened about a month ago so I’ve been trying to get over her passing.... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 5, 2021

I'm sorry to hear about your puppy. You posted on a legal page but didn't ask a specific legal question.

If you are wanting to sue the vet, but I doubt you'll find that to be a very good option unless you paid many thousand of dollars for the puppy, our willing to spend...
Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I was givin a ticket by missour highway potrol for a dry an wet vape pin what should i do???
Tim Akpinar
Tim Akpinar answered on Nov 17, 2020

A Missouri attorney should advise you, but your question remains open for two weeks and time is of the essence in your actions. Depending on what was in the vape pen, you should consider reaching out to a Missouri criminal defense attorney to discuss. This does not appear to be a med mal matter.... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: My 6 month old infant was allowed to roll off of an xray table while being seen in a local ER. Suffering only minor bump

Any possibility of a case due to the xray techs negligence

Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

I hope your infant is okay. It's possible there could be grounds for a case, but that would depend on what a medical examination shows. Thankfully, the injuries here appear to be minor in nature; I hope that's the extent of it. These cases can be difficult because unlike older claimants,... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can you sue a doctor for a failed back surgery it was during a workers compensation claim

I was injured at work and was told that I needed back surgery because I had a compressed disc so I went through with it and it didn't help at all now I have scar tissue that prevents me from having any further surgeries to help me this was during a comp case I am disabled now and the doctors... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 26, 2019

I'm sorry for your ordeal with your injury and ensuing surgery. Unfortunately, an attorney can't really make a call on this based on these brief facts, despite the admission made by the doctor you describe. What they can do is request your medical records, including diagnostic imaging... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: After surgery my son was screaming BURNING underneath his cast wrapping. A week later he has awful bloody blisters.

My son went into surgery after been shot in his elbow. They had to do surgery and place screws in his elbow and arm. He is wearing a cast. Immediately after the surgery I (his mom) was there and he was screaming it’s BURNING ITS BURning! They thought it was his nerves. A week later while sitting... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 5, 2019

I'm sorry for your family's ordeal. To make a meaningful assessment of what happened here, a med mal attorney would need to request the records for your son's surgery and post-op care, and review them with a medical professional. For now, take photos of the blisters and other... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: Mom went to her dr multiple times in 2016.Told her she was diabetic.Later xr’d her back said it’s a mess.

Is there a case for medical malpractice? Diagnosed Oct 2017 with metastatic breast cancer in her bones. She died Dec 8, 2018. Her dr never mentioned breast cancer. Her calcium level was dangerously high so our local hospice. Rushed her to st lukes. She was diagnosed then. Her dr only said her back... Read more »

Todd N. Hendrickson
Todd N. Hendrickson answered on Feb 20, 2019

It is impossible to tell from the information you've given. The X-ray of her back--did it reveal that breast cancer had spread to her back? Was that when the breast cancer was first diagnosed? Were there indications consistent with breast cancer before then?

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: i had a turp procedure and the hospital put the IPC bags on my legs but had no pump available. 10 days later a blood clt

they didn't do all they could to prevent the clots do i have a legal case

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 28, 2018

Without reviewing your medical records and gathering more facts, it would be hard for any attorney to form an opinion of the strength of your potential claim. Contact a local attorney who practices med-mal.

1 Answer | Asked in Products Liability and Medical Malpractice for Missouri on
Q: I see so many ads for Depakote lawsuits. I took it from 1989-2013. I have a child with spina bifida.

My dad was a vet exposed to agent orange (seems like it may be relevant eventually) . I also knew the risks of the drug (I read the detailed folded up papers attached to the bottles). My dr was liable by not returning my call around the time of conception while titrating off depakote (for seizures)... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 26, 2018

Contact a member of the Missouri Trial Lawyers assn who handles drug product liability cases.

1 Answer | Asked in Personal Injury and Medical Malpractice for Missouri on
Q: I went for a knee x-ray and fell off the table hurting my back. Should I pursue?

So I saw the doctor and told her about my knee and back pain. She gave me muscle relaxers and steroids for the back pain and sent me for knee X-rays and I was too short for the one rooms machine so the tech was going to have me stand up on the X-ray bed to do it and when I was getting up there, my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2018

Get a consult from an attorney who handles medical issues in your town--they usually give free one. I don'tt see it but much would depend on how you fell.

1 Answer | Asked in Personal Injury, Health Care Law, Libel & Slander and Medical Malpractice for Missouri on
Q: This is a case of breach of confidentiality between a counselor/therapist and patient.

This is a case of breach of confidentiality between a counselor/therapist and patient, where the breach has and will continue to affect the patient emotionally for not only as long as the patient lives at her current address, but forevermore due to the entire nature of the breach. There is solid... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Generally no, because there is no remedy for most breaches of confidentiality. Contact a member of the Mo. Assn for Justice as they give free consults.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I have metallosis,not from hip replacement, from knee& femur surgery in 1994 & 1995. Are there any attorneys who handle

cases like mine?

Peter N. Munsing
Peter N. Munsing answered on Sep 1, 2017

Yes. Do you know the manufacturer? Start by getting your medical records from those surgeries. No need to explain why.

Get a copy of the bills if you can--they may identify manufacturer. You want the complete chart for each surgery.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: Does the jury need to be totally unanimous in a medical malpractice case to get an award?
Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2017

I think you asked this. See my answer.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: Does the jury need to be totally unanimous in a medical malpractice case to get an award?
Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2017

I believe not, but why not ask your attorney, or if you don't have one a member of the Mo. Assn for Justice?

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