Missouri Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense
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To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Hear this out loud PauseDoing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.
Hear this out loud PauseTo win a medical malpractice claim, you will need an expert medical witness to testify about how the decisions of the medical care provider and the standard of care you received deviated from the standard of care based on the symptoms you presented with and any scans and tests performed.
The statute of limitations for medical malpractice in Missouri is 2 years, meaning a patient has 2 years from the date of injury to file a complaint with the court.
Many articles discuss what negligence is and how to prove it, but the least understood element among these four is causation. Additionally, out of these four elements, causation is typically the most difficult to prove, especially in medical malpractice cases.
Hear this out loud PauseThe most challenging elements to prove in a malpractice claim are the causes and damages. First, the client must be able to prove that their attorney's error was the reason for their unsuccessful case.
Hear this out loud PauseYour medical record is the most important piece of evidence you can use to support your claim.
To prove it, you need the four Ds of medical negligence. These four are Duty of care, Dereliction of duty, Direct causation, and Damages.