Southeast Missouri Personal Injury Attorneys





What to do if you or a loved one is the victim of medical negligence

Designer Creative - Thursday, April 05, 2018

Medical negligence is the third leading cause of death in the U.S., behind heart disease and cancer.* For many people the medical profession and those who work within it can be very intimidating. Most people are taught from an early age that physicians are trusted sources of advice and that their decisions and recommendations should not be questioned; but sometimes those decisions have life-altering outcomes that negatively affect patients and their loved ones. When this occurs it is critical to know what steps to take to hold those at fault accountable for their actions.


Medical Malpractice

Any act or omission by a healthcare professional during treatment of a patient that deviates from accepted norms of practice, often referred to as the standard of care, and that causes an injury to the patient is considered medical malpractice. This may include:


  • •Failure to diagnose
  • •Drug and pharmacy errors
  • •Surgical procedure complications
  • •Childbirth injuries
  • •Inadequate follow-up care
  • •Medical device defects
  • •Nursing home neglect

In order to succeed in a medical negligence case, the injured party or the person acting on behalf of the injured party must prove that the provider’s negligence directly caused or directly contributed to cause injury or damages to a patient. Proving negligence – defined as the failure to act with the same degree of skill and learning ordinarily used under the same or similar circumstances by members of the provider’s profession – is the key to a successful malpractice claim.


Don't wait to seek help. 


Medical negligence cases are barred if you do not bring them within a specific time period referred to as the statute of limitations. In general, the statute of limitations is two years after the medical malpractice event; but there are four recognized exceptions to this limitation under Missouri law. The exceptions are the “foreign object” exception, the “failure to inform” exception, the “minor child” exception and the “continuing treatment” exception. The rules regarding statutes of limitation in general, as well as the recognized exceptions to such statutes, are strictly construed so you should consult an attorney immediately in any case where you believe medical negligence may have occurred. In medical malpractice cases the sooner you act the better because if you miss the statutory deadline you will not be able to file suit to hold the negligent party or parties responsible for the harm they have caused.
Contact us, and we will help you determine if your case has merit during a no-cost consultation.
The choice of a lawyer is an important decision and should not be based upon advertisements alone.





Four things to consider when hiring a personal injury attorney

Designer Creative - Thursday, December 01, 2016

Running an internet search for “personal injury lawyer” churn up result after result, and not knowing how to narrow them down can lead to a hasty and unfortunate decision. Knowing the right questions to ask is critical for making the best decision when hiring a personal injury attorney.



A case evaluation allows you to sit down with an attorney to share details about your situation at no charge or obligation to you. This also allows you a chance to “interview” the attorney about his or her experience and expertise.



It’s important to engage an attorney who is experienced and successful in the field with which you need assistance. The practice of law is complex, and a dedicated personal injury attorney will not only be experienced but will be up-to-date on new developments in personal injury and medical malpractice law with the knowledge and resources needed for a serious personal injury claim. Ask your prospective attorney:

  •      - How long have you been in practice?
    •      - Is your practice focused on personal injury?
      •      - How many personal injury lawsuits have you tried?
  •      - Have you handled cases similar to mine before?




It’s beneficial to understand expectations and have a basic idea of what the legal process entails before proceeding with a personal injury claim. Both of those require ongoing, open communication between a client and his or her attorney. Speak with your attorney about how often you should expect communication and in what form that communication may come to help ensure your case moves forward smoothly.



Lawsuits involving catastrophic injuries take considerable time and resources to develop correctly. Working with a qualified expert witnesss will provide greater credibility to claims and can help explain complex issues. It’s important to ensure your attorney has the available resources and connections with expert witnesses to try your case effectively.


Ready to speak with an attorney? Schedule a free case evaluation:


The choice of a lawyer is an important decision and should not be based solely on advertising.

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The choice of a lawyer is an important decision and should not be based upon advertisements alone.

© 2018 Cook Barkett Ponder & Wolz. All Rights Reserved. Unauthorized use prohibited.



The choice of a lawyer is an important decision and should not be based upon advertisements alone.

© 2017 Cook Barkett Ponder & Wolz. All Rights Reserved. Unauthorized use prohibited.