Find Lawyers in St. Louis, Missouri for Medical Malpractice Law - Defendants
Kenneth C. Brostron is in his 44th year of trial work. He defends health care providers and attorneys in professional negligence claims. He counsels businesses and government agencies in all aspects of their operations. He is also well-known for his work in education law, as well as state and United States constitutional matters. Mr. Brostron has been chief negotiator in labor discussions and lead counsel in a wide variety of complex litigation. His clients rely on his negotiation skills incl...
Tad Eckenrode is the founder and managing office of Eckenrode-Maupin, Attorneys-at-Law, a small boutique litigation practice with primarily an insurance defense focus, although the firm attorneys also handle construction and municipal law issues, estate planning and business/corporate issues. In the realm of the firm's litigation practice, and that of Mr. Eckenrode personally, cases involving medical malpractice, product liability, nursing home injuries and deaths, automobile accidents, premi...
Mr. Ellington is recognized as one of the top medical malpractice defense lawyers, having been named "Lawyer of the Year" by Best Lawyers for Medical Malpractice Law-Defense in St. Louis in the 2017 edition of The Best Lawyers in America . He has been listed in The Best Lawyers in America continuously since 2006 in both the Medical Malpractice Law-Defense and Personal Injury Litigation-Defense practice areas. Mr. Ellington also has been named as a Super Lawyer by Missouri & Kansas Super L...
Brian R. Plegge's primary focus is the defense of lawsuits involving death or serious injury with long term care requirements. The vast majority of these cases allege Premises Liability, Toxic Chemical Exposure, Medical Malpractice, and Product Liability. Mr. Plegge has significant trial experience in Illinois as well as Missouri and has tried numerous cases to verdict in both Madison and St. Clair County, Illinois, and seven other southern Illinois counties. He has appeared and argued appell...
Stephen G. Reuter concentrates his practice in the areas of medical malpractice defense and health law. As an experienced trial attorney, he has successfully defended hospitals, physicians and other health care providers. He was the only attorney to have tried three cases listed among the 20 largest defense verdicts in Missouri for 2004. Mr. Reuter counsels and advises health care providers on a wide variety of issues. He has represented physicians, dentists, nurses and allied health professi...
Mr. Rosenthal has been with Brown & James since its founding in 1981. Over the course of his 35-year career he has tried over 100 cases to conclusion and represented defendants in numerous types of personal injury and property damage cases. The great bulk of his practice has been in the area of medical litigation and legal malpractice. A representative list of clients includes: Washington University, Saint Louis University, Medical Assurance of Missouri, Inc., Intermed Insurance Company, ...
Peter Spataro primarily concentrates his practice in medical malpractice defense and risk management for physicians and hospitals in Missouri and Illinois. He has defended and tried malpractice suits for virtually every medical specialty, of which approximately 90% of the trials resulted in defense verdicts. He is considered one of the lead counsel for The Washington University School of Medicine, one of the top medical schools and research centers in the United States. He is frequently asked...
Philip L. Willman devotes his trial practice to defending physicians, medical schools, nurses, hospitals, nursing homes, psychologists and other healthcare providers in medical negligence and healthcare lawsuits and medical device manufactures in medical device litigation. He also provides representation to defendants in environmental litigation. Mr. Willman obtained his Bachelor's degree, magna cum laude, from Duke University in 1975 and his Juris Doctor degree from Vanderbilt University in ...
Medical Malpractice Law - Defendants Definition
In simple terms, the standard of care is the legal duty that a health care provider (physician, nurse, medical technician, hospital, clinic, etc.) owes to the patient. That duty or obligation arises from the professional relationship established with the patient. It is axiomatic that without such a relationship the obligation to treat or provide care could not exist. The professional relationship, however, does not always require direct communication between the health care provider and patient may be established indirectly. For example, in addition to a physician who accepts a patient directly, lab technicians, pathologists, and radiologists may not encounter a patient personally but have the legal duty to comply with applicable standards of care.
Most states have enacted legislation which controls this area of specialized litigation and the legal duty of health care providers is largely defined by statute. It is now universally accepted that the duty and, thus, the standard of care, requires a health care provider to exercise the degree of reasonable care, skill, and diligence as would ordinarily be exercised by a similarly situated health care provider for a similar patient under the same or similar circumstances. The primary emphasis in this definition is necessarily placed on the requirement of "reasonable" care.
Frequently the defense of these cases will focus on the fact that the law does not require a physician or health care provider to be infallible in the exercise of his/her clinical judgments for a patient. Indeed, the law does not require perfection on the part of anyone. Important emphasis is also given to the recognition by medical science that there are often unexpected, unfortunate, and even tragic outcomes that will occur, despite reasonable care. So long as the care is found to be reasonable, there is no malpractice.
In a medical malpractice case, the burden is on the plaintiff to prove the following elements in order to be entitled to a verdict:
- A duty owed by the health care provider.
- A breach of that duty, i.e., a failure by the health care provider to meet the standard of care.
- Injury or death caused by the breach of duty by the health care provider.
While the law generally imposes no burden of proof on the defendant, the defense, where appropriate, will seek to discredit the plaintiff's theory of liability by a showing of the reasonableness of the care provided & contradictions to evidence offered by the plaintiff. This is done through testimony from the defendant with emphasis on her/his training, education and experience and the basis for the clinical judgment at issue. Additionally, pertinent medical literature may be presented along with qualified expert testimony to further demonstrate the appropriateness of the care provided and, in many cases, to show that the outcome was not produced by negligence, but may be the result of an inherent risk associated with the condition of the patient or the treatment, despite good and proper care.
The law also recognizes that, within the standard of care, there are often alternative methods of treatment which may be employed for a given medical condition and that a physician, for example, must be free to choose and follow the method he deems best for his patient, even though some other physician may later argue in favor of another method. As long as the method selected to diagnose or treat was reasonable within the standard of care and implemented with due care, there would be no liability (even if the diagnosis is later shown to be incorrect or the treatment resulted in an injurious complication).
In selecting counsel for the defense of medical malpractice claims, the health care provider and his/her representative will want to ask a number of important questions such as:
- What is the experience of the attorney/law firm in defending these highly specialized cases?
- What is the rate of successful defense for the attorney/law firm?
- What resources does the firm possess for investigation, medical/legal research, qualified support staff, development of demonstrative evidence, etc.?
- What is the expected time frame to conclusion of the litigation in the jurisdiction/venue?
- What involvement will the defendant have in assistance and preparation of her/his defense?
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
Georgia Laws Taking Effect in 2022
On Neutral Ground
Largest Pain and Suffering Award Affirmed in New York History
New England States With Incoming Legislation
Activism In Action