Missouri Medical Malpractice Laws

You’ve been hurt and you’re angry. You’re not the kind of person who sues, but you want to know what the stages of a lawsuit are. Let’s talk about it.   Injury Law News, brought to you by The S.E. Farris Law Firm.   I’m Spencer Farris, a personal injury lawyer in St. Louis, Missouri, and partner at The S.E Farris Law Firm. People get hurt and call my office every day, thinking that we can get their case resolved in a matter of hours like they do on TV. But there are a lot of stages to a personal injury case, and I want to go through those with you. Before you think about a lawsuit, you need to think about taking care of yourself. If you’re hurt, get medical treatment. Follow your doctor’s instructions, go to your doctor visits, and take your medication. That’s important for two reasons. First of all, you won’t get better if you don’t do those things, and feeling better’s the most important part of recovering from an injury. From a legal perspective, you can’t recover your damages if you don’t document that you have been injured, and the way that you do that is taking the time to follow your doctor’s directions. Get the medical care that you need.  Almost as important as hiring good doctors is to hire a qualified attorney, someone who’s experienced in handling injury cases and someone that you want to work with. Remember that an injury case can take months or even a couple of years to get resolved, and you want to find someone that you don’t mind having a partnership with that will last throughout that time period. Stay in touch with your lawyer. Make sure that if you move or change phone numbers or change doctors your lawyer knows about it. When your doctor’s done treating you, it’s time for your lawyer to get to work gathering the medical records and the facts necessary to present your case. Most lawyers will then put together what’s called a claim packet or a negotiation packet. By this time your lawyer should have contacted the person at fault for your injury and their insurance company. Now, your lawyer presents the case to the insurance company and starts negotiations. Remember that most cases settle at this stage – better than half, at least. If the insurance company is reasonable and your lawyer does his job to present your case, you should be able to get the case settled. It doesn’t always work that way however, and if it doesn’t, you move to the next stage which is an actual lawsuit. We’re going to talk about that in the next video. In the meantime, if you have questions about handling a personal injury case or the stages, please feel free to call or contact my office at the website and the phone number at the bottom of the screen. We’re happy to visit with you at no cost or obligation and talk with you about your case, whether we represent you or not. 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

When you’re in a car crash, the pain that you initially feel is only the beginning of your problems. When you make your claim to an insurance company, there’s a couple things that you need to know. One is that you’re entitled to recover your lost wages even if you took sick pay or vacation time at the time you were working. That was money that came out of your sick bank or your vacation bank and it’s money that is gone. The other thing you need to know is that insurance companies don’t automatically write you a check just because their insured hurt you. Just because they owe you money doesn’t mean they’re going to give it to you. You have to document your medical expenses and the treatment that went with them. I tell folks every day not to sign an authorization to let the insurance company get your medical records. You still have a right to privacy, but you want to control how those records are filtered to an insurance company. An attorney that’s experienced in representing injury victims is in a much better position to do this than you are. Call my office at the number on the screen or visit us on the internet. I’m happy to talk with you about your injury case and if I can’t help you, at least point you in the right direction so you can get on the path to recovery on your own.  Call 314-A-LAWYER today for a free consultation.

By: Spencer Farris

A lady called me to tell me that she’d been in a car crash and before she even got home from the hospital she had a message on her answering machine from the insurance company. Let me tell you what happened next. Injury law news brought to you by the S.E. Farris Law Firm. I’m Spencer Farris, a partner at the S.E. Farris Law Firm. I represent injury victims and their families. And when I got the call from this lady I knew that she needed some help.

The insurance company wanted to initially make contact and befriend her if you will and offer her a settlement, that’s 101 in the claims adjusters handbook. They do that because if they settle a case quickly they know that they can so more cheaply. You won’t know the full extent of your injuries. You won’t have spoken to a lawyer and you won’t really know what your case is worth. In this client’s case it was a good thing that she called because we told her not to settle her case and six months later she needed surgery on her neck. You only get one opportunity to settle your case, to get all of your medical paid for, to gather your lost wages, and provide for your family, and to get whatever damages you’re going to get for pain, suffering, and inconvenience. If you do that too quickly in a case and don’t know the full extent of your injuries, you’re going to sell yourself and your family short. That’s what the insurance company wants. Thats what some lawyers want when they advise you to take a quick settlement, but it’s not what’s best for you. If you have questions after you’ve been hurt, call my office at the number you see on the screen or contact us through the internet at the web address below. We’re happy to visit with you for free and give you whatever advice we can on how to handle your case. The S.E. Farris Law Firm is dedicated the needs of injury victims and their families.

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

Summary judgement is when the other side tries to win your case without going to trial based on the papers that have been filed.

By: Spencer Farris