Medical Malpractice

Doctors are typically held in high regard in our society. Most doctors deserve our respect; however, doctors are human and they make mistakes. When doctors make mistakes, the consequences are often severe and involve serious injuries and even death. Doctors are required to follow the applicable “standard of care” when treating patients, and when their treatment falls below that standard, they may be liable.

Even though medical malpractice is complicated as is, these cases can be devastating when involving commercial truck drivers. Although an injured truck driver may be able to potentially recover damages for medical expenses and lost wages, they may never recover enough to go back to their job in the trucking company.

Medical malpractice cases can be notoriously complicated. These cases typically involve sifting through medical records and providing expert witness testimony. In addition, the plaintiff will have to prove the doctor-patient relationship existed, establish liability and negligence of a health care provider, as well as prove that the doctor’s negligence led to the plaintiff’s injuries. It is important to understand that not every bad result from medical treatment is malpractice or negligence. A detailed medical review will be necessary to determine if the doctor acted inappropriately or if the injury was just an unfortunate result.

While not every bad result is caused by malpractice, the evidence is clear that medical negligence is far more common than many expect. An estimated 1.3 million injuries are caused by medical negligence each year, and over two-thirds of these are preventable with proper care. A recent study by the Institute of Medicine of the National Academy of Sciences estimated that as many as 98,000 patients die in hospitals each year as a result of preventable medical errors. However, only one in eight malpractice victims ever files a claim for compensation, according to the Harvard Medical Practice Study.

Truck drivers are no different than other patients – thousands are injured by medical malpractice every year. In many cases, the negative impact of the injuries that result from medical malpractice are felt not only by the injured trucker but also by their family.

The State of Missouri, like many states, has a specific deadline for filing medical malpractice lawsuits. The injured truck driver, as well as other patients, have two years from the date when the medical error occurred to file a lawsuit.

But there are exceptions. For example, suppose a health care professional negligently left a foreign object within an individual’s body or failed to inform the patient of the medical test result. In that case, the clock doesn’t start running until the mistake was or reasonably should have been discovered.

Medical malpractice cases are among the hardest to prove. These cases are expensive and risky and many attorneys will not take these types of cases. As experienced medical malpractice attorneys, we have the resources and knowledge to help you if you are a victim of medical malpractice.

We work diligently for each and every truck driver we represent to make sure they and their family are compensated for injuries caused by preventable medical negligence. If you or someone in your family have experienced medical malpractice, contact Hurt Trucker Attorneys today by form, phone, or email for information on how we can help you pursue a personal injury claim and receive the maximum compensation you deserve.