Have You Been Injured? We're Ready to Fight for You.

Why Does Medical Malpractice Occur?

Published on Aug 24, 2018 at 2:43 pm in Medical Malpractice.

The Law Office of Mike Campbell has joined forces with Thomas Law Offices as of September 1st, 2020. Click here for details.

When we face an illness or injury, we put our trust in medical professionals to help diagnose and treat us, so we can recover and return to our lives as quickly as possible. Unfortunately, there are instances where we leave the care of a hospital in worse shape than when we arrived. When this happens, and it is the fault of a medical professional, it’s called medical malpractice.

Medical malpractice occurs much too often in the United States. The errors that result are currently listed as the third-leading cause of death, right after heart disease and cancer. These errors are almost always the result of human error, which means they should almost always be preventable.

Keep reading to learn about why medical malpractice occurs, and what you can do in the event you or a loved one is a victim.

Causes of Medical Malpractice

A victim of medical malpractice may suffer from surgical or medication errors, misdiagnosis, birth injuries, nerve injuries, or falls. The causes of these injuries are almost always avoidable when patient care is prioritized.

Incompetence. If an inexperienced doctor is pushed to perform a certain procedure, the consequences can be deadly. Inadequate skills and training, especially in the operating room, can lead to many mistakes.

Fatigue. Medical professions often work long hours. If they neglect their body’s need for rest, they can become easily distracted or careless when working with a patient.

Lack of Communication. Communication is key in a hospital. When someone mishears instructions or doesn’t ask for clarification, there may be consequences.

Improper Management. Hospitals and medical professionals are tasks with performing a variety of procedures and operations in a certain way. There are protocols in place for a reason. If a hospital staff member decides to stray from these protocol for whatever reason, medical errors can occur.

Drugs or Alcohol. Regardless of the occupation, working while under the influence of drugs or alcohol is an incredibly dangerous and irresponsible choice. Those dangers are substantially higher when the employee is performing a medical procedure on a patient.

Filing a Medical Malpractice Claim in Missouri

In Missouri, you have two years from the date your medical error occurred to file a lawsuit. You are also required to file an affidavit of merit within 90 days of filing your initial claim. The affidavit of merit must prove that a medical professional or qualified expert was consulted about your claim and feels as though the initial doctor or hospital was negligent and caused your injuries. That expert may be asked to give testimony at your trial.

A medical malpractice lawsuit can get messy when hospitals’ legal teams get involved. In order to receive the compensation you deserve and hold the negligent party liable, you’ll need strong legal representation. Our Columbia medical malpractice lawyer has handled challenging cases like this before and is prepared to represent you. Contact us today for a free evaluation of your claim.


Free Case Evaluation

At Thomas Law Offices, our personal injury attorneys recognize that our potential clients are likely going through some of the most difficult times of their lives. We don't want you to have to worry about paying out of pocket for legal advice when you're just starting to learn your legal rights and options. That's why we provide free case evaluations. We'll offer our expert advice about your potential case and walk you through how we can help you.

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.

Meet Our Founder

Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

Legal & Firm News

Two Nurses Arrested in Ohio for Nursing Home Resident Neglect

In April 2022, Sunrise Manor nursing home’s director of nursing and assistant nursing director were arrested for allegations of patient neglect. Christina Drake and Jennie Elliott are being investigated following a criminal complaint filed in regard to an incident that occurred in April 2020. The two nursing staff members are facing multiple first-degree misdemeanor charges, […]

Read More

What Injuries Do Unattended Children Most Commonly Suffer?

It is a tragedy when a child is killed or injured in an accident that could have been prevented. Most of the time, it only takes one attentive adult to stop these tragic incidents from happening. The personal injury lawyers at Thomas Law Offices look at what injuries unattended children most commonly suffer and⁠—more importantly—how […]

Read More

What Injuries Can Result From Slamming on the Brakes?

No matter how safely you may drive, you will undoubtedly encounter situations in which you will have to take significant evasive maneuvers to avoid a car accident. While avoiding a motor vehicle crash is virtually always preferable to a collision, there are times when the evasive action can also cause harm.

Read More
Tad Thomas on The National Crime Victim Bar Association
Tad Thomas on AVVO
Tad Thomas on Lawyer Minds
Tad Thomas on American Association for Justice
Southern Trial Lawyers Association
Illinois Trial Lawyers Association
Ohio Association for Justice
Kentucky Justice Association
Tad Thomas on Attorney at Law Magazine
Tad Thomas on Attorney at Law Magazine
2021 Public Justice Member
AAJ Masters of Trial Law: Champion