Frequently Asked Questions (FAQs) Regarding Medical Malpractice


  1. What is it?

Legally, medical malpractice is said to occur “when a health care professional fails to use that degree of skill and care that other health professionals in the area would use under the same set of circumstances.”   That said, the medical malpractice attorneys at Rogers Sevastianos & Bante, LLP prefer the practical, simple and clearer definition: medical malpractice is the failure to follow medical standards and rules that apply to the profession.  When a medical professional fails to follow those standards or rules and causes an injury or death to a patient, that provider commits malpractice and endangers all of us.

  1.   What is a reasonable standard of care?

Jurors are just like the rest of us; they are not sure what a “reasonable” care standard is or how to measure it.  The medical malpractice lawyers at Rogers Sevastianos & Bante, LLP make it easy.  We measure “reasonable” by safety rules and standards that applied to the care at issue.  If those rules and standards, which are put in place to protect patients and the caregivers are not met, then the amount of care given was not reasonable.

  1. What if I gave permission for the care that hurt me?  Can my informed consent form stop a claim from being made?

Permission to treat is NOT permission to treat negligently.  Thus, a doctor’s misdiagnosis of your condition, or a botched surgery, are not okay because you signed a consent form.  In addition, if your health provider fails to adequately inform you of the risks and benefits before treatment is rendered (such as a surgery), your consent may very well be invalid.

  1. What are the types of medical malpractice cases?

There are many different types of medical malpractice cases, including those involving:

  • Birth injuries such as shoulder dystocia and cerebral palsy
  • Failure to diagnose or misdiagnosis
  • Emergency room or hospital negligence
  • Medication errors or improper administration of medication
  • Improper supervision of nurses, doctors and staff
  • Surgical errors and malpractice
  1.  What should you do if you suspect that you’ve been subjected to negligent care?

If you believe you’ve been harmed by a doctor, hospital or any health care provider, the first thing you need to do is contact an experienced malpractice attorney.  Noel Sevastianos and his team at Rogers Sevastianos & Bante will conduct a thorough review of the case details—this includes everything from securing pertinent medical records to interviews with the patient, family members and friends. If the investigation leads to a determination of merit, then a lawsuit will be filed.

  1.  Is there a Statute of Limitations for Medical Malpractice in Missouri or Illinois?

Statutes of Limitation refer to legal deadlines by which a lawsuit must be filed.  If that deadline is not met, then the right to bring suit is lost and the victim is permanently barred.  These periods differ depending  on the sort of case it is, and they also differ from state to state.  For instance, a claim for injuries related to a motor vehicle claim must be brought in Missouri within five (5) years of the act of negligence that caused the harm, but that same claim in Illinois must be filed within just two (2) years.  Again by example, Missouri and Illinois both require most (not all) medical malpractice claims to be filed within two (2) years of the date of the act that caused the harm.  Because the risks are high, it is always  best to seek guidance from an attorney licensed in the state where the alleged medical  malpractice occurred.

If you or a loved one has suffered from medical malpractice, call our medical malpractice attorneys now at 314-354-8484.