Missouri Medical Malpractice Laws

Important Personal Injury Terminology | Missouri

Spencer Farris

 

Board Certified

Board certified means that after a certain number of years and a certain number of cases I’m able to take a written test and provide verification that I’ve practiced properly. Then each year I have to recertify, prove that I have my practice insurance, that I complete my continuing legal education hours, that I don’t have any complaints – bar complaints against me.

Deposition

A deposition is a recorded statement that you give with a court reporter for use under the rules of evidence in court.

Discovery

Discovery is just like -what it sounds like. You discover what’s going on in a case. You learn facts.

Interrogatory

An interrogatory is like a deposition, but it’s in written format and you answer your questions under oath.

Malpractice

Malpractice is when a professional breaches the standard of care. Not that they have to be perfect, but that they have to be reasonable in their actions.

Workers Compensation

Worker’s compensation means that you were hurt on the job. Your employer’s liable for your medical, a portion of your wages while you’re off work, and a lump sum for the disability that you have after medicine’s done the best it can do.

By: Spencer Farris

Board Certified

Board certified means that after a certain number of years and a certain number of cases I’m able to take a written test and provide verification that I’ve practiced properly. Then each year I have to recertify, prove that I have my practice insurance, that I complete my continuing legal education hours, that I don’t have any complaints – bar complaints against me.

Deposition

A deposition is a recorded statement that you give with a court reporter for use under the rules of evidence in court.

Discovery

Discovery is just like -what it sounds like. You discover what’s going on in a case. You learn facts.

Interrogatory

An interrogatory is like a deposition, but it’s in written format and you answer your questions under oath.

Malpractice

Malpractice is when a professional breaches the standard of care. Not that they have to be perfect, but that they have to be reasonable in their actions.

Workers Compensation

Worker’s compensation means that you were hurt on the job. Your employer’s liable for your medical, a portion of your wages while you’re off work, and a lump sum for the disability that you have after medicine’s done the best it can do.

By: Spencer Farris

Recovering Damages From a Drunk Driver | Missouri

Spencer Farris

 

When you’ve been in a crash with a drunk driver, you need a Missouri personal injury lawyer to protect your rights, because your insurance may come into play. His may not be enough, and you need someone that knows the law, and will pursue those cases aggressively. They’re not open-and-shut just because the other driver was drinking.

I remember a case, many years ago, where a drunk was aggressively driving, and racing someone else. Blew through a red light, and hit my client’s car in the side. The impact was devastating. His– when I first met the young man, his face didn’t even look like a human face, because of all the swelling, and all the injuries he sustained. But we were fortunate to be able to help him in that situation, and were very creative in finding enough coverage to try to help him put his life back together.

You wouldn’t think so, but a drunk driver in Missouri who’s hurt somebody with his first offense, even if it causes a death, may not go to prison, may get probation. Part of what civil law does, and what a Missouri personal injury lawyer does, is help hold these folks accountable for the damages they cause, make them pay for the beautiful vase that they’ve broken, or the beautiful life that they’ve destroyed. If you don’t hire a Missouri personal injury lawyer after you’ve been in a car crash, you’re at the insurance company’s mercy. And they are there – and they’re generating profits for their shareholders – not by paying folks like you who have been hurt, but by paying as little as possible on claims. They’ve got professionals on their side, and if you don’t have a Missouri personal injury lawyer fighting for you on your side, you’re going to take the crumbs that they feed you. When you’ve been hurt, and the bills are racking up, you don’t have to pay a lawyer out of pocket to represent you in your injury case. Call my office, and if we can help you, we won’t charge you anything until the end of your case, if we’re successful for you.  Call 314-A-LAWYER today for a free consultation.

By: Spencer Farris

When you’ve been in a crash with a drunk driver, you need a Missouri personal injury lawyer to protect your rights, because your insurance may come into play. His may not be enough, and you need someone that knows the law, and will pursue those cases aggressively. They’re not open-and-shut just because the other driver was drinking.

I remember a case, many years ago, where a drunk was aggressively driving, and racing someone else. Blew through a red light, and hit my client’s car in the side. The impact was devastating. His– when I first met the young man, his face didn’t even look like a human face, because of all the swelling, and all the injuries he sustained. But we were fortunate to be able to help him in that situation, and were very creative in finding enough coverage to try to help him put his life back together.

You wouldn’t think so, but a drunk driver in Missouri who’s hurt somebody with his first offense, even if it causes a death, may not go to prison, may get probation. Part of what civil law does, and what a Missouri personal injury lawyer does, is help hold these folks accountable for the damages they cause, make them pay for the beautiful vase that they’ve broken, or the beautiful life that they’ve destroyed. If you don’t hire a Missouri personal injury lawyer after you’ve been in a car crash, you’re at the insurance company’s mercy. And they are there – and they’re generating profits for their shareholders – not by paying folks like you who have been hurt, but by paying as little as possible on claims. They’ve got professionals on their side, and if you don’t have a Missouri personal injury lawyer fighting for you on your side, you’re going to take the crumbs that they feed you. When you’ve been hurt, and the bills are racking up, you don’t have to pay a lawyer out of pocket to represent you in your injury case. Call my office, and if we can help you, we won’t charge you anything until the end of your case, if we’re successful for you.  Call 314-A-LAWYER today for a free consultation.

By: Spencer Farris

Black Box Data in a Crash | Missouri

Spencer Farris

 

Black Box Data

After a truck wreck, it’s important to gather the data from the black box or the data recorder. And a St. Louis truck accident lawyer will have the resources and know-how to get, not only to the scene, but to get permission to download or copy the information that’s on that data recorder so that they have it to present your case. In the data recorder there’s not infinite space, and what happens is, after a certain amount of time, the recorder starts to record again over the breaking, the speed, the other events that are on that data recorder. So it’s crucial to get that offloaded as quickly as possible. When you’ve been hurt and the bills are racking up, you don’t have to pay a lawyer out-of-pocket to represent you in your injury case. Call my office, and if we can help you we won’t charge you anything until the end of your case, if we’re successful for you. Call 314-A-LAWYER today for a free consultation.

By: Spencer Farris

Black Box Data

After a truck wreck, it’s important to gather the data from the black box or the data recorder. And a St. Louis truck accident lawyer will have the resources and know-how to get, not only to the scene, but to get permission to download or copy the information that’s on that data recorder so that they have it to present your case. In the data recorder there’s not infinite space, and what happens is, after a certain amount of time, the recorder starts to record again over the breaking, the speed, the other events that are on that data recorder. So it’s crucial to get that offloaded as quickly as possible. When you’ve been hurt and the bills are racking up, you don’t have to pay a lawyer out-of-pocket to represent you in your injury case. Call my office, and if we can help you we won’t charge you anything until the end of your case, if we’re successful for you. Call 314-A-LAWYER today for a free consultation.

By: Spencer Farris

Railroad Crossing Accidents | Missouri

Spencer Farris

 

In our modern mobile society, freight and passengers move by rail car every day, just at the same time you and your family are in your car, travelling the highways. And it’s inevitable that at the intersection there’s a potential for devastating collisions. We try to avoid that with crossing equipment and crossbars, but sometimes it doesn’t function properly. Sometimes it hasn’t been properly maintained, sometimes it simply doesn’t exist. If you’ve been injured, or a loved one has been killed at a train crossing, you owe it to yourself and to your family to hire a personal injury attorney who can investigate the causes of the collision and determine whether or not your rights should be protected.  Call 314-A-LAWYER today for your free consultation.

By: Spencer Farris

In our modern mobile society, freight and passengers move by rail car every day, just at the same time you and your family are in your car, travelling the highways. And it’s inevitable that at the intersection there’s a potential for devastating collisions. We try to avoid that with crossing equipment and crossbars, but sometimes it doesn’t function properly. Sometimes it hasn’t been properly maintained, sometimes it simply doesn’t exist. If you’ve been injured, or a loved one has been killed at a train crossing, you owe it to yourself and to your family to hire a personal injury attorney who can investigate the causes of the collision and determine whether or not your rights should be protected.  Call 314-A-LAWYER today for your free consultation.

By: Spencer Farris

Impact of Different Health Insurance Providers on Medical Bills | Missouri

Spencer Farris

 

I got a call from a lady the other day who wanted to know how her medical bills were going to be paid after her injury.

Injury Law News brought to you by the S.E. Farris Law Firm.

I’m Spencer Farris and I represent injury victims in the state of Missouri. I get that kind of call a lot from folks who are worried about their rising medical bills and the daily mail that they get with another bill collector looking for payment. And this is what I typically tell them.

Medicare

Senior citizens and folks on social security disability are covered by Medicare and Medicare will pay the medical bills as they are incurred. However, Medicare gets part of their money back from your injury case at the end. Your lawyer will have to negotiate that for you because Medicare will want dollar for dollar on what they spend.

Medicaid

Children in Missouri who don’t have private health insurance, and some adults, are covered by Missouri Medicaid. And Medicaid also will pay Medical bills and, at the end of your lawsuit, they will expect to be repaid. However, a judge can reduce or totally eliminate your payback to Medicaid. You’ll need your lawyer to help you with that.

Private Insurance

The other group that frequently pays medical bills in Missouri is private insurance and private insurance will ask for repayment almost always. Unless they are a special plan, a self-funded union plan or something along those lines that is governed by federal law, they’re not entitled to reimbursement. The word that they will say is subrogation, which means they stand in your shoes and get to collect their money back from the person who hurt you. Make sure that your lawyer is well aware and willing to fight for you so that you don’t have to pay back the health insurance. And this isn’t cheating. You paid benefits to get the health insurance. You wrote a check every month. They shouldn’t get their money back just because they did what they promised to do.

No Insurance

Finally, there are a lot of folks that don’t have any health insurance. And in those situations, hospitals and doctors will treat you on what’s called a lien basis. Hospitals don’t have to see you unless you’re in an emergency. But, experienced trial lawyers can help you find a doctor who will treat you on a lien basis and will make sure that your doctor understands that they will get paid.

When you’ve been hurt, the most important thing is to feel better and not be worried about how you’re going to pay for your medical bills. Remember that a trial lawyer who cares about his clients will fight for you and fight to put money in your pocket, rather than spend it all on the health care that you wouldn’t have needed but for your injury. If you have questions about medical care or how to pay for it after an injury, call my office or reach us at the website at the bottom of the screen. I’m happy to visit with you without any cost or obligation and hopefully help put your mind at rest.

The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris

I got a call from a lady the other day who wanted to know how her medical bills were going to be paid after her injury.

Injury Law News brought to you by the S.E. Farris Law Firm.

I’m Spencer Farris and I represent injury victims in the state of Missouri. I get that kind of call a lot from folks who are worried about their rising medical bills and the daily mail that they get with another bill collector looking for payment. And this is what I typically tell them.

Medicare

Senior citizens and folks on social security disability are covered by Medicare and Medicare will pay the medical bills as they are incurred. However, Medicare gets part of their money back from your injury case at the end. Your lawyer will have to negotiate that for you because Medicare will want dollar for dollar on what they spend.

Medicaid

Children in Missouri who don’t have private health insurance, and some adults, are covered by Missouri Medicaid. And Medicaid also will pay Medical bills and, at the end of your lawsuit, they will expect to be repaid. However, a judge can reduce or totally eliminate your payback to Medicaid. You’ll need your lawyer to help you with that.

Private Insurance

The other group that frequently pays medical bills in Missouri is private insurance and private insurance will ask for repayment almost always. Unless they are a special plan, a self-funded union plan or something along those lines that is governed by federal law, they’re not entitled to reimbursement. The word that they will say is subrogation, which means they stand in your shoes and get to collect their money back from the person who hurt you. Make sure that your lawyer is well aware and willing to fight for you so that you don’t have to pay back the health insurance. And this isn’t cheating. You paid benefits to get the health insurance. You wrote a check every month. They shouldn’t get their money back just because they did what they promised to do.

No Insurance

Finally, there are a lot of folks that don’t have any health insurance. And in those situations, hospitals and doctors will treat you on what’s called a lien basis. Hospitals don’t have to see you unless you’re in an emergency. But, experienced trial lawyers can help you find a doctor who will treat you on a lien basis and will make sure that your doctor understands that they will get paid.

When you’ve been hurt, the most important thing is to feel better and not be worried about how you’re going to pay for your medical bills. Remember that a trial lawyer who cares about his clients will fight for you and fight to put money in your pocket, rather than spend it all on the health care that you wouldn’t have needed but for your injury. If you have questions about medical care or how to pay for it after an injury, call my office or reach us at the website at the bottom of the screen. I’m happy to visit with you without any cost or obligation and hopefully help put your mind at rest.

The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris

Important Tips to Representing Yourself During a Personal Injury Case | Missouri

Spencer Farris

 

You’ve been injured and you’re thinking of dealing with the insurance company without an attorney. That’s probably a mistake, but here are some things to watch out for if you decide to go down that road.

Injury Law News, brought to you by the S.E. Farris Law Firm.

I’m Spencer Farris and I represent injury victims throughout Saint Louis and the state of Missouri. I’ve helped hundreds of folks handle their case for personal injury, but every now and then I meet someone who thinks that they don’t need an attorney. Let me tell you a few things to look out for if you decide that you don’t want to hire an attorney.

Get pictures. Whether it’s the car you’ve been crashed in or the place that you fell, a picture is worth a thousand words. And if you’re relying on the insurance company to take pictures for you, you’re making a big mistake. If those pictures would have been helpful to you and they disappear, you’ll never be able to recreate that important evidence for your case.

The insurance company will want to take a statement from you and that’s a mistake. Remember that the person asking the questions controls and frames how your answers come out, and the insurance company is not there to help you. You never want to give a statement without someone on your side to help you through that step, and typically that’s where you have an attorney.

Finally, the insurance company’s going to want you to sign medical authorizations. And in Missouri, you don’t give up your right to all privacy just because you’ve had an injury case. You don’t have to sign the authorization that gives the insurance company the right to get all of your medical records from the time that you’re born, but the form that they give you will do just that. Don’t sign that form.

Studies have shown over and over that folks with attorneys get four to five times more money for their injury case than those without. If you’ve been injured and you have questions – whether you want to hire an attorney or not – please call me at the number on your screen or visit us at our internet website that you see on the screen as well. We’re happy to help, and if we can help you resolve your case without hiring us, great. And if you need an attorney, we’d be proud to represent you.

The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris

You’ve been injured and you’re thinking of dealing with the insurance company without an attorney. That’s probably a mistake, but here are some things to watch out for if you decide to go down that road.

Injury Law News, brought to you by the S.E. Farris Law Firm.

I’m Spencer Farris and I represent injury victims throughout Saint Louis and the state of Missouri. I’ve helped hundreds of folks handle their case for personal injury, but every now and then I meet someone who thinks that they don’t need an attorney. Let me tell you a few things to look out for if you decide that you don’t want to hire an attorney.

Get pictures. Whether it’s the car you’ve been crashed in or the place that you fell, a picture is worth a thousand words. And if you’re relying on the insurance company to take pictures for you, you’re making a big mistake. If those pictures would have been helpful to you and they disappear, you’ll never be able to recreate that important evidence for your case.

The insurance company will want to take a statement from you and that’s a mistake. Remember that the person asking the questions controls and frames how your answers come out, and the insurance company is not there to help you. You never want to give a statement without someone on your side to help you through that step, and typically that’s where you have an attorney.

Finally, the insurance company’s going to want you to sign medical authorizations. And in Missouri, you don’t give up your right to all privacy just because you’ve had an injury case. You don’t have to sign the authorization that gives the insurance company the right to get all of your medical records from the time that you’re born, but the form that they give you will do just that. Don’t sign that form.

Studies have shown over and over that folks with attorneys get four to five times more money for their injury case than those without. If you’ve been injured and you have questions – whether you want to hire an attorney or not – please call me at the number on your screen or visit us at our internet website that you see on the screen as well. We’re happy to help, and if we can help you resolve your case without hiring us, great. And if you need an attorney, we’d be proud to represent you.

The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris

Don't Give a Recorded Statement to an Insurance Company | Missouri

Mark Cantor

 

I want to talk to you for a moment about recorded statements. You’ve been involved in an injury. So a slip and fall, or a car accident, a truck accident, things of that nature. And the insurance company calls you right away. And they say, “Hi, I’m,” and they state their name. From whatever insurance company, “and I want to ask you about your accident or your injury. I need you to know that this phone call is being recorded for quality assurances.” Really, it’s for quality assurances? that’s why you’re recording me? That’s not true.

So they start off with a lie. They’re recording your conversation, in order to defeat your claim. They don’t want to pay you. You’ve just been involved in something that injured your body. You’ve been in the hospital. You might be on pain medications. And this nice person is calling you, and recording your conversation for quality assurance. They’re lying. That should be a big red flag. I need to call a lawyer. Call me at (314) 542-9999. Don’t give them a recorded statement. And let’s talk about why.

They’re going to ask you– let’s call it car collision. “What roads were you on, and which direction were you going?” Well you got to think. Was I going north, or was it west. I can’t remember. “What color was the traffic signal?” “Well when? When I was stopped at it, and hit from behind? Or before that when it was green?” I mean, they’re asking you questions to defeat your claim. “How hard was the impact?” Why do you want to answer those questions? Why would you? “What is the speed limit on that road?” I don’t know. Is it 35 or 40? Maybe it’s 45. They’re not helping you. You need a lawyer. Get the police report and figure those things out, and think about them. This isn’t a quiz, where you’re required to answer immediately.

They’re calling you to try to get you to mess up. So that later, when I’m preparing you for your deposition, and I show you that the police report says that you were stopped at a red electric signal and the speed limit is 40 miles an hour. You say, “Oh, well I told them earlier I thought the car was going 15 or 20.” Well how do you know that? You saw them in your rear-view mirror. You don’t know that. Don’t commit to that. Think about it. Do you know it, or do you not know it? If you know it, say it. And if you don’t know it, don’t say it. But get counsel. Because the insurance company doesn’t want to pay you.

So there’s lots of reasons not to give a recorded statement. They’re later going to take your deposition, which is your sworn statement under oath. And now they have two statements. Don’t do that. What’s the advantage of that? There is none. That’s why you always see lawyers in these 30 second commercials saying don’t give a recorded statement. They’re right, you shouldn’t. Instead, when they ask you for that, that’s your signal to call a good law firm and a good lawyer. And I don’t care who that is, which state you’re in. But you need representation. If you’re in the mid-west, in Missouri or Illinois, that’s all we do. My name is Mark Cantor. And again, our phone number is (314) 542-9999. And either I or my law partner Gary Burger, will personally represent you in your claim. Thank you.

By: Mark Cantor

I want to talk to you for a moment about recorded statements. You’ve been involved in an injury. So a slip and fall, or a car accident, a truck accident, things of that nature. And the insurance company calls you right away. And they say, “Hi, I’m,” and they state their name. From whatever insurance company, “and I want to ask you about your accident or your injury. I need you to know that this phone call is being recorded for quality assurances.” Really, it’s for quality assurances? that’s why you’re recording me? That’s not true.

So they start off with a lie. They’re recording your conversation, in order to defeat your claim. They don’t want to pay you. You’ve just been involved in something that injured your body. You’ve been in the hospital. You might be on pain medications. And this nice person is calling you, and recording your conversation for quality assurance. They’re lying. That should be a big red flag. I need to call a lawyer. Call me at (314) 542-9999. Don’t give them a recorded statement. And let’s talk about why.

They’re going to ask you– let’s call it car collision. “What roads were you on, and which direction were you going?” Well you got to think. Was I going north, or was it west. I can’t remember. “What color was the traffic signal?” “Well when? When I was stopped at it, and hit from behind? Or before that when it was green?” I mean, they’re asking you questions to defeat your claim. “How hard was the impact?” Why do you want to answer those questions? Why would you? “What is the speed limit on that road?” I don’t know. Is it 35 or 40? Maybe it’s 45. They’re not helping you. You need a lawyer. Get the police report and figure those things out, and think about them. This isn’t a quiz, where you’re required to answer immediately.

They’re calling you to try to get you to mess up. So that later, when I’m preparing you for your deposition, and I show you that the police report says that you were stopped at a red electric signal and the speed limit is 40 miles an hour. You say, “Oh, well I told them earlier I thought the car was going 15 or 20.” Well how do you know that? You saw them in your rear-view mirror. You don’t know that. Don’t commit to that. Think about it. Do you know it, or do you not know it? If you know it, say it. And if you don’t know it, don’t say it. But get counsel. Because the insurance company doesn’t want to pay you.

So there’s lots of reasons not to give a recorded statement. They’re later going to take your deposition, which is your sworn statement under oath. And now they have two statements. Don’t do that. What’s the advantage of that? There is none. That’s why you always see lawyers in these 30 second commercials saying don’t give a recorded statement. They’re right, you shouldn’t. Instead, when they ask you for that, that’s your signal to call a good law firm and a good lawyer. And I don’t care who that is, which state you’re in. But you need representation. If you’re in the mid-west, in Missouri or Illinois, that’s all we do. My name is Mark Cantor. And again, our phone number is (314) 542-9999. And either I or my law partner Gary Burger, will personally represent you in your claim. Thank you.

By: Mark Cantor

What is Maximum Medical Improvement | Missouri

Spencer Farris

 

MMI or Maximum Medical Improvement, is the term that the insurance company’s doctor uses when he or she believes that medicine will no longer make you any better, and you’re as good as you’re going to get from the treatment you’ve gotten after your work-related injury.

By: Spencer Farris

MMI or Maximum Medical Improvement, is the term that the insurance company’s doctor uses when he or she believes that medicine will no longer make you any better, and you’re as good as you’re going to get from the treatment you’ve gotten after your work-related injury.

By: Spencer Farris

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