Medical malpractice is one of the most legally and factually complex areas of personal injury law. Proving that a doctor or hospital fell below the standard of care — and that the deviation caused your injury — requires medical experts, detailed records review, and procedural knowledge most patients don't have. This is what a medical malpractice attorney does for you.
At Bur Oak Injury Law, Chris Miller handles every medical malpractice case personally — no associates, no handoffs. From the initial case evaluation through negotiation or trial, you work directly with Chris.
The first step is determining whether you have a viable malpractice claim. An attorney will review your medical records, consult with medical experts, and assess whether the care you received fell below the accepted standard of care and whether that deviation caused measurable harm.
Not every bad outcome is malpractice — a good attorney is honest about the distinction before any time or money is invested. At Bur Oak Injury Law, Chris will give you a straight answer about the strength of your malpractice case at the outset, so you can make an informed decision about whether to move forward.
Missouri law (§538.225 RSMo) requires that before a malpractice lawsuit can be filed, the plaintiff must obtain a written opinion from a qualified healthcare provider stating that the defendant failed to use ordinary care. This affidavit must be filed within 90 days of filing suit.
Your attorney handles obtaining this expert opinion and ensures the affidavit meets Missouri's technical requirements. Filing suit without a compliant affidavit can result in dismissal. Because securing a qualified expert takes time — often months — early consultation is essential. Waiting until close to the statute of limitations makes it nearly impossible to satisfy the affidavit requirement before the clock runs out.
A malpractice attorney gathers every relevant medical record — not just from the provider being sued, but from all treating providers before and after the injury. This complete picture is necessary both to understand the full extent of your damages and to identify potential alternative explanations the defense may raise.
Your attorney then works with medical experts in the same specialty as the defendant to:
Without this expert foundation, malpractice cases cannot proceed. Missouri courts require expert testimony on the standard of care — this is not something a patient or general-practice attorney can supply. Bur Oak Injury Law works with board-certified specialists and advances expert costs on a contingency basis.
Hospitals and medical providers carry malpractice insurance, and those carriers have experienced defense attorneys whose job is to minimize or eliminate your recovery. They begin building their defense immediately after an adverse event — often before you have even considered consulting an attorney.
Your attorney shields you from direct contact with the defense, handles all communications, and makes sure you don't inadvertently say something that undermines your claim. They also manage discovery — depositions, interrogatories, and document requests — which in complex malpractice cases can extend over many months and involve multiple expert witnesses on each side.
Having an attorney who understands malpractice defense tactics changes the dynamic. Chris Miller has handled cases against hospital defense teams and their insurers and knows the pressure points that move these cases toward fair resolution.
Most malpractice cases settle before trial, but only after substantial investigation and often after a lawsuit is filed. Your attorney negotiates directly with the insurer and presents the strongest possible case to drive the settlement toward full compensation — including future medical costs, lost earning capacity, and non-economic damages for pain and suffering.
If a fair settlement isn't available, a malpractice attorney takes the case to trial. This requires not only legal preparation but the financial resources to retain expert witnesses and take a case the distance. At Bur Oak Injury Law, Chris Miller has courtroom experience that most injury attorneys lack — including a case decided by the Missouri Supreme Court. He is prepared to go to trial when the insurer refuses to pay what the case is worth.
Medical malpractice cases are handled on a contingency fee basis at Bur Oak Injury Law — meaning you pay nothing unless we recover compensation for you. Given the complexity and expense of these cases, this ensures that access to legal representation doesn't depend on your ability to pay upfront.
Case expenses — including expert fees, filing fees, and deposition costs — may be advanced by the firm and recovered from the settlement or award, depending on the arrangement. Chris will explain the full fee structure before you retain, so there are no surprises. Call (573) 499-0200 for a free consultation.
No fee unless we win. One attorney handles your case from the first call through resolution.