Table of Contents

• How Much Money Is My Cape Girardeau Medical Malpractice Case Worth?
• Where Does Medical Negligence Occur, and Who May Commit Acts of Medical Negligence?
• Types of Medical Malpractice in Cape Girardeau
• Legal Burden of Proof in a Medical Malpractice Case
• Fighting the Insurance Company in a Medical Negligence Case
• Steps to Take After an Incident of Medical Negligence or Malpractice
• Speak to a Cape Girardeau Medical Malpractice Lawyer About Your Legal Matter Right Away

Why Choose Us for Your Medical Malpractice Needs?

If you suffered injuries, illnesses, or other medical complications due to a healthcare provider’s malpractice or negligence, you want the best possible legal team to advocate for you every step of the way.

At Cook, Barkett, Ponder & Wolz, our legal team has a strong track record of successfully settling and litigating medical malpractice cases in the Missouri State Court System.

Most recently, we have obtained $776,000 in compensation for medical negligence that the Veterans Administration (VA) committed, along with compensation of $950,000 for a wrongful death resulting from an incident of medical malpractice.

Although past case results never guarantee future case results, these outcomes demonstrate that we aggressively fight for our injured clients and act in pursuit of their legal interests.

Also, unlike many medical malpractice law firms that settle the majority of their cases, we are not afraid to litigate a case to a resolution in the court system or take your case to a civil jury trial, mediation hearing, or binding arbitration proceeding if those steps become necessary.

You can trust we will lay out all of your legal options, explain them to you in clear and easy-to-understand terms, and fight hard to pursue the monetary recovery you deserve.

Our legal team of Cape Girardeau personal injury lawyers handles all types of medical malpractice cases, from the misdiagnosis of a heart attack to birth injuries to surgical errors. Whether you need a few extra doctor appointments due to your injuries or a lifetime of avoidable medical care, we are ready to seek full compensation for your past, future, economic, and non-economic losses.

Our office is conveniently at 1610 North Kingshighway, Suite 201, Cape Girardeau, MO 63701. Let us seek the monetary compensation you deserve for your medical negligence or malpractice case. Seek a no-cost, no-obligation case evaluation with our firm right away.

How Much Money Is My Cape Girardeau Medical Malpractice Case Worth?

Victims of medical malpractice in Missouri who can satisfy the legal elements of their claim can recover various types of monetary damages. Since every medical malpractice incident is different, not all victims will be eligible for the same types and amounts of monetary damages.

First, a victim of medical negligence can pursue monetary compensation for their past and anticipated medical bills, including the cost of hospital stays, doctor visits, drugs, medical procedures, and physical therapy or rehabilitation.

In addition, if a medical malpractice victim has to miss time from work, they can recover their lost earnings. Similarly, suppose the malpractice victim’s injuries or illnesses prevent them from continuing with their current employment, and they must switch jobs and take a pay cut.

In that case, they can bring a successful claim for loss of earning capacity.

In addition to recovering favorable monetary compensation for their out-of-pocket losses, a medical malpractice victim can receive more subjective non-economic damages. The primary purpose of these damages is to compensate accident victims for their intangible losses.

It is important to be aware that the State of Missouri places a cap on non-economic damages as they apply to medical malpractice cases. According to these rules, there are two types of recoverable non-economic damages in a medical negligence or malpractice case: non-catastrophic and catastrophic.

The 2022 cap for non-catastrophic damages is $450,098, while the cap for catastrophic damages is $787,671.

In a medical malpractice claim or lawsuit, non-economic damages may include compensation for lost quality of life, loss of the ability to use an injured body part, inconvenience, pain and suffering, relationship damage, permanent cognitive impairments, lifetime or long-term care costs, and permanent disability or disfigurement resulting from the incident of medical negligence.

Additionally, victims of medical malpractice can recover punitive damages in some situations. These damages are available if a court determines that the medical provider intentionally harmed the malpractice victim or acted in a particularly egregious manner under the circumstances.

The primary purpose of punitive damages is to punish the at-fault healthcare provider for their wrongdoing and to discourage other healthcare providers from engaging in similar wrongful conduct in the future.

Our legal team at Cook, Barkett, Ponder & Wolz can review the facts and circumstances of your case with you and estimate the likely settlement or verdict value that you may recover.

We can then file the necessary claim or lawsuit in pursuit of the fair monetary recovery you deserve for your injuries and other medical complications.

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Where Does Medical Negligence Occur, and Who May Commit Acts of Medical Negligence?

Acts of medical malpractice and negligence can occur in any type of medical setting, from doctor’s offices to hospitals, to urgent care facilities, to physical therapy and rehabilitation facilities.

Common locations for medical malpractice in the Cape Girardeau area include:

• Southeast Hospital
• Poplar Bluff Regional Medical Center
• Scott City Medical Clinic
• Sikeston Medical Center

Similarly, various types of medical professionals may commit acts of negligence or malpractice.

Those professionals include:

• Physicians
• Dentists
• Podiatrists
• Chiropractors
• Mental health professionals, including psychologists or psychiatrists
• Professional physical or occupational therapists
• Pharmacists
• Optometrists
• Nurses
• Hospitals, urgent care centers, and other medical facilities

If you are a recent victim of medical negligence or malpractice, you need to consult with a skilled Cape Girardeau personal injury attorney from Cook, Barkett, Ponder & Wolz as quickly as possible.

Our legal team can begin fighting for your legal rights immediately by investigating the alleged malpractice incident and determining your potential legal options. We can then file a claim with the negligent healthcare provider’s insurance company on your behalf and start negotiating favorable settlement compensation in your case.

Types of Medical Malpractice in Cape Girardeau

Medical negligence and malpractice by a healthcare provider can take several different forms.

Some of the most common types of medical negligence in Missouri include:

• Delayed diagnosis or misdiagnosis of a serious medical condition
• Failing to treat a patient properly for their injury or illness
• Errors related to prescribing certain drugs
• Procedural or surgical errors
• Anesthesia errors
• Injuries that occur during the childbirth process

If you or someone you love suffered a medical complication due to a healthcare provider’s negligence, our legal team can determine your options right away and start pursuing the monetary recovery you deserve.

Legal Burden of Proof in a Medical Malpractice Case

To recover monetary compensation in a medical negligence claim, the injured or ill patient has the sole legal burden of proof. The wrongdoer healthcare provider does not have to prove anything in the case or satisfy any legal burden of proof.

For a medical malpractice victim to recover monetary compensation in their case, they must establish:

• That the medical professional owed them a legal duty of care
• That the medical provider breached or violated that legal duty of care in some manner
• As a direct and proximate result of this breach, the victim suffered a foreseeable injury
• That the medical provider’s violation was the direct or proximate cause of the injury or medical complication that the patient suffered
• That the patient suffered an injury, illness, or other medical complication due to the healthcare provider’s negligent actions or inactions
• As a result of the malpractice-related injury or illness, the patient suffered economic and non-economic losses

When an injured patient can satisfy these legal elements, they can receive various types of monetary compensation, depending upon the exact circumstances involved, as well as the nature and extent of their medical complications.

Fighting the Insurance Company in a Medical Negligence Case

If you file a medical malpractice claim or a lawsuit against a healthcare provider, our legal team can handle all written and oral communications with insurance company representatives.

In most instances, we will be working with the insurance company for the at-fault medical provider. However, these insurance companies are not on your side, and they are certainly not advocating in your best legal interests.

Rather, a physician or medical facility’s insurance company will do everything possible to reduce the compensation they have to pay you for your medical complications. Insurance companies are large corporate entities, and they want to save themselves as much money as possible.

Our legal team can aggressively negotiate on your behalf during settlement negotiations by highlighting the strengths of your case, downplaying weaknesses, or threatening the insurance company within court litigation.

Sometimes, simply filing a medical malpractice lawsuit is enough to get the insurance company’s attention and convince them to make a fair settlement offer in your case. Litigation can cost an insurance company a lot of time and money, and to save both, the insurance company may offer to settle your case out of court.

Unlike the insurance company, our team of attorneys will constantly advocate in support of your legal interests, providing you with the knowledge and information you need to make crucial decisions in your case, such as deciding whether to accept or reject a pending insurance company settlement offer.

Steps to Take After an Incident of Medical Negligence or Malpractice

If you are a recent victim of medical negligence or malpractice, there are several steps that you can take to increase your chances of achieving a successful result.

First, obtain (and retain) important documentation in your case, such as medical treatment records, medical bills, physician information, and injury photographs.

Additionally, you need to speak with a medical malpractice lawyer as quickly as possible about your case. Our legal team can meet with you to develop a plan of action for resolving your case as quickly and efficiently as possible – and for as much monetary compensation as possible.

From that point forward, we will handle all of the legal aspects of your case, including insurance company negotiations and, if necessary, in-court litigation.

Speak to a Cape Girardeau Medical Malpractice Lawyer About Your Legal Matter Right Away

If you are a recent victim of medical malpractice at the hands of a negligent healthcare provider or medical facility, you are not alone. However, retain skilled legal counsel to represent you as quickly as possible.

At Cook, Barkett, Ponder & Wolz, our experienced team welcomes the invitation to aggressively fight for your legal rights and pursue the full monetary recovery you need and deserve.

For a free case evaluation and legal consultation with a knowledgeable Cape Girardeau medical malpractice attorney, please call us at (573) 335-6651 or contact us online today.