Personal Injury Law

Regulation of Missouri Doctors and Potential Medical Malpractice One of the Weakest in the Country

Posted on April 01, 2011
St Louis Post Dispatch: Study says state medical boards don't punish dangerous doctors: Last year, our investigation of the health care system portrayed the agency that regulates Missouri doctors as one of the nation's weakest. As a practicing St Louis area Missouri medical malpractice attorney, I can tell you from experience that the reporting of serious complications and doctor mistakes rarely happens...

MUST KNOWS for Missouri Lap-Choli Medical Malpractice Cases: #2 INTRAOPERATIVE CHOLANGIOGRAM!!

Posted on March 31, 2011
Know The Indications For Intraoperative Cholangiogram - From my point of view as a practicing St Louis injury attorney, a surgeon should always do one. I am not alone, several surgeons agree, one surgeon wrote: Cholangiogram! Really no excuse not to do one...

MUST KNOWS to successfully pursue a Negligent Gallbladder Operation Lawsuit in Missouri: #1: KNOW THE ANATOMY

Posted on March 30, 2011
Part I on of a series of 10 must knows from a St Louis personal injury lawyer to successfully pursue a Missouri medical malpractice case arising from a negligently performed gallbladder operation. Top 10 things a doctor must know well when doing this surgery and the top 10 areas I focus on when pursuing a Missouri medical negligence lawsuit for my clients...

Instances of biliary injuries Rise with use of Lap-Choli Procedure

Posted on March 29, 2011
As a practicing St Louis personal injury attorney, with a good percentage of my practice devoted to Missouri medical malpractice cases, I have personally seen a rise is biliary injuries with introduction of less invasive laparoscopic cholecystectomy (aka - "Lap-choli" or gallbladder removal surgery)...

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Missouri Uninsured Motorist Insurance Claim for Objects Coming from Unknown Vehicles.

Posted on March 28, 2011
Under Missouri law, if you have auto liability coverage than you also have, at a minimum, $25,000 in Missouri Uninsured Motorist Coverage. An uninsured motorist is a driver with no insurance, but also an unidentified negligent driver is also considered an uninsured motorist...

What Constitutes a "Healthcare Provider" Under Missouri Law for Personal Injury Claims?

Posted on March 20, 2011
Under Missouri personal injury laws, health care providers have special protections as any action for injury against them must be brought in compliance with the medical malpractice laws of Missouri. Namely, certificates of merit are required, damage caps apply, etc ...

Attacks on the Fundamental Right to a Trial by Jury Disguised by Rhetoric Attacking Trial Lawyers and Plaintiffs

Posted on March 19, 2011
"In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law...

Doctor Speaks Out against Medical Malpractice Caps

Posted on March 18, 2011
As any injury lawyer knows, and most non lawyers know, healthcare providers have been pushing for years in all 50 states, and even pushes on the Federal level, to cap damage awards in medical malpractice cases. Sadly, they have been successful in many states, most notably for my clients, Missouri...

Making the Proper Objections if a Jury Returns an Inconsistent Verdict - Example from a St Louis Bike Accident Case

Posted on March 16, 2011
A few years back I took a St Louis bike accident claim through a jury trial in St Louis County. The case arose from a "right hook" by the driver of the car. See facts of the St Louis bike accident here. The jury returned a verdict after a few hours of deliberation and found the driver 100% at fault, however, the jury awarded less than the total medical bills submitted, even more baffling was that the medical bills submitted were undisputed...

Negligent Security - is the Starbucks Tip Jar Lawsuit a Good Case?

Posted on March 15, 2011
Recently I came across an article about a St Louis Missouri wrongful death lawsuit arising from an incident where a Starbucks customer chased a tip jar thief out of the store and ended up being killed after suffering a head injury when the thief attempted to flee in his car...

First steps to investigating a negligent gallbaldder removal claim

Posted on March 14, 2011
Sansone / Lauber receives numerous requests to represent patients injured as a result of a failed gallbladder surgery in St Louis and throughout Missouri. As stated in a prior blog, we have recently been retained to represent a woman who has ongoing medical maladies as the result of negligence in her gallbladder removal surgery...

Proper Venue for Missouri Uninsured Motorist ("UM") Claims

Posted on March 13, 2011
Since the statutory changes in 2005 requiring most Missouri personal injury actions to be brought in the county where the initial injury or negligent act occurred, there has been some confusion regarding how to apply this to a Missouri uninsured motorist car accident claim, often referred to as a "UM" Claim...

Defendant Admits Guilt for Wrongful Death of Jefferson County Girl as a Result of his Reckless Driving

Posted on March 11, 2011
A few years ago we posted a Missouri wrongful death article about a teenage girl that was needlessly killed as a result of a reckless driver that ran off the road in Jefferson County Missouri. See Jefferson County Wrongful Death Car Accident The St Louis law firm of Sansone / Lauber represents the family of the victim, and Jefferson county personal injury lawyer, Ben Sansone, has recently filed a wrongful death lawsuit against the at fault driver, Dustin Ray, under Missouri's wrongful death statute naming the minor son and the mother of the victim as Plaintiffs...

Evidence of Negligence in a Missouri Auto Accident - Use of the Missouri Driver's Manual to Show Negligence?

Posted on March 07, 2011
From time to time, during a car accident injury trial in Missouri, the lawyer for one side or the other tries to use rules from the Missouri driving manual we all had to read prior to taking our Missouri state driving test. Is this manual Missouri traffic law? Depends on what side of the issue you are on...

Surgical Clips Left on Common Bile Duct by Missouri Surgeon after Gallbladder Removal, Caused Duct Occlusion and Severe Complications for Patient

Posted on February 26, 2011
Currently our St Louis medical malpractice law firm, Sansone / Lauber, is handling multiple Missouri negligent gallbladder removal cases involving laparoscopic procedures known as a "lap-choli". The common theme in these cases is the negligent surgeon's failure to adequately dissect and identify the anatomy of the gallbladder, and the adjacent bile ducts and vascular system before proceeding to clip, cut, and remove...

Surgeon Negligent During Lap-Choli Procedure leading to St Louis County Wrongful Death Lawsuit

Posted on February 24, 2011
Laparoscopic gallbladder removal or "lap-choli" is the current standard of care for the removal of a gallbladder. Until about 10-15 years ago the accepted method was an open procedure which was more invasive as it required a larger wound and longer recovery...

Evidentiary Issues to Consider under Missouri Law for a Slip and Fall Personal Injury Trial

Posted on February 22, 2011
Successful Missouri slip and fall claims require that the Plaintiff prove a dangerous condition on the property, that the property owner had a duty to protect against that danger and that the owner knew or should have known about the dangerous condition that caused the fall...

I Was Injured in a Missouri Car Accident, Why Do I Need to Hire a Personal Injury Lawyer?

Posted on February 21, 2011
In speaking with other St Louis area personal injury lawyers I have come to learn that it is not only common in my practice that injury victims sometimes try to settle cases with the auto insurance company on their own. In most cases trying to settle a Missouri car accident injury case without a lawyer is a losing proposition for you and a win win for the insurance company...

Drunk Driving Accident Lawsuits in Missouri - Making a Negligence Claim Against the Bar that Over-Served the Missouri Drunk Driver

Posted on February 18, 2011
Under Missouri dram shop statute, the victims of Missouri personal injury or the family of the Missouri wrongful death victim caused by an intoxicated or drunk driver may have a cause of action against the establishment that served the Missouri drunk driver that caused a car crash or hits a pedestrian...

Missouri Waiver of Personal Injury From Future Negligence Clauses in Apartment Lease Contracts - Are they Enforceable?

Posted on February 16, 2011
Missouri injury attorneys are often retained by victims of personal injury resulting from the negligence of a landlord, whether it is a slip and fall, Missouri premise liability, or a failure to protect from 3rd party criminal conduct, assuming the duty has been established...

Use of Expert Witnesses by Missouri Injury Attorneys to successfully pursue Missouri Injury Claims and Lawsuits

Posted on February 09, 2011
Just about every personal injury case in Missouri, Illinois, or anywhere else, requires the use of experts. Most commonly, experts in a Missouri car accident injury claim are the treating health care providers. From the emergency room and ER doctors, to the physical therapists and the physicians and surgeons that have treated the personal injury victim...

Trial Evidence in Missouri Personal Injury Cases: Medical Experts to Prove Personal Injury, Extent of Injury, Necessary Treatement and Causation

Posted on February 03, 2011
To many victims of Missouri personal injury accidents, the cause is obvious and the medical treatment required seems obvious as well. However, at trial even these seemingly assumed things must be proven by qualified experts. Common example, a Missouri car crash resulting in severe injuries wherein the fault of one driver is clear...

Negligent Surgeon Settles for $2.2 Million - Doctor had extensive Past Issues to Allow Attacks on his Credibility at Trial

Posted on January 17, 2011
A former patient of Doctor Chao, the Chargers' team doctor, received a $2.2 million dollar settlement in a medical malpractice settlement after filing a medical negligence lawsuit against the doctor for negligently lacerating her femoral artery, vein and nerve during a routine hip surgery...

DWI Bus Accident Injury Lawsuit....verdict insufficient?

Posted on January 14, 2011
A recent verdict in a DUI accident was handed down, the jury found the driver grossly negligent and awarded some punitive damages, but the amounts were curiously low, especially for a drunk driving accident case. Jury Finds Band Leader Grossly Negligent, but Slaps Him on Wrists The jury awarded less then $100,000 to the injured passenger who sustained about $40,000 in past medical bills...

DWI Bus Accident Injury Lawsuit....verdict insuffcient?

Posted on January 14, 2011
A recent verdict in a DUI accident was handed down, the jury found the driver grossly negligent and awarded some punitive damages, but the amounts were curiously low, especially for a drunk driving accident case. Jury Finds Band Leader Grossly Negligent, but Slaps Him on Wrists The jury awarded less then $100,000 to the injured passenger who sustained about $40,000 in past medical bills...

Missouri Bike Accidents and Injury - Common Causes and Proving Driver was Drunk

Posted on January 11, 2011
As a bicyclist myself and a St Louis Missouri bike accident injury lawyer, I have handled dozens of bike injury cases and spoke with many cyclists I ride with about being hit by cars and who were lucky enough not to be thrown off their bike or injured...

Personal Injury Lawyers File a Motion to Strike Affirmative Defenses in Missouri Medical Malpractice Lawsuit

Posted on January 08, 2011
On behalf of a decedent's family we have filed a Missouri medical malpractice and wrongful death lawsuit against a St Louis bariatric surgeon, his resident that performed the surgery, and the St Louis hospital. Since the 2005 Missouri tort reform bill passed the defense always pleads multiple affirmative defenses relying on several provisions of the tort reform bill...

Missouri Personal Injury Lawsuit - Broken Chair at Hotel Collapsed and Caused Severe Back Injury

Posted on January 07, 2011
A recent article, link below, reported a fairly common personal injury lawsuit, an injury caused from from a broken or defective chair (

Wrongful Death and Drunk Driving Car Accident Lawsuit combined with Negligent Road Design

Posted on January 06, 2011
A wrongful death lawyer has filed a wrongful death lawsuit and negligent road design lawsuit on behalf of the family of a deceased Pennsylvania teen. The wrongful death lawsuit stemming from a drunk driving accident, alleges negligent design and maintenance of the road and that it contributed, not the sole cause, of her death...

Missouri Work Comp Lawyer discussing Work Comp Claim and 3rd Party Liability Issues

Posted on January 04, 2011
When consulting with an employee injured at work and discussing a potential Missouri workers comp claim, many work related injury victims are concerned that filing a work comp claim could jeopardize their employment. If you are terminated or fired for filing a work comp claim that is called retaliatory termination or discharge and it is against the law...

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