From 2009 to 2014, studies found the average payout for malpractice claims rose 23% to top $353,000, up from $287,000 from 1992 to 1996. Eight percent of the 280,000 claims studied topped $1 million dollars. Could your claim award you as much? The St. Louis medical malpractice attorneys at Hoffman & Gelfman want you to be aware of these statistics and how to surmount the obstacles the state may put in your path to receiving a just settlement.

What Do Medical Malpractice Claims Typically Cover?
Though in the past Missouri strictly-capped damage awards, the Missouri Supreme Court deemed that practice unconstitutional. As it stands, Missouri’s current legislation caps non-economic damages (pain and suffering) at $400,000. A higher cap has been set for ‘catastrophic’ cases (vision loss, brain injury), however, at $700,000. No cap exists for economic damages, lost income, medical costs, or other associated monetary losses.

Is there a Statute of Limitations on Medical Malpractice Claims?
Claims must be filed within 2 years of malpractice, or its discovery. Claims require an “affidavit of merit” be filed within 90-days of the claim: Proof a medical or legal professional has confirmed the case has merit. Should the case go to trial, the plaintiff must provide such expert testimony.

Frustrated by the costly, complicated process of malpractice claims? We can help. Contact the St. Louis medical malpractice attorneys at Hoffman & Gelfman today.