Medical Malpractice at Blue Springs, MO Hospitals
Posted in Lawsuit on January 9, 2020
Medical malpractice occurs when a nurse, obstetrician, doctor, or other medical professional causes injury or worsening illness to a patient through a negligent act or an omission to act. This harm is especially dangerous, considering that we trust hospitals to take care of us when we are at our most vulnerable. If you or someone you love suffered an act of medical malpractice, you can hold the parties responsible for your injuries accountable in a lawsuit – including hospitals. Contact our Missouri medical malpractice attorneys for a free initial consultation.
How Do You Prove a Case of Medical Malpractice?
In order to prove your medical malpractice claim, you will need to hire an attorney to assist you with your case. Proving this lawsuit involves satisfying a number of elements to establish negligence, and you will need to supply evidence that proves each of the following points.
- First, you will need to establish that the professional in question owed you a duty of care. All doctors, nurses, and other health care workers owe a duty of care to their patients, and you will simply need to prove that you sought treatment from this individual.
- Next, you will need to prove that the professional breached his or her duty of care. Satisfying this element will depend on the circumstances of your case. For example, if the doctor prescribed you the wrong medication, you can supply your prescription and consult with a medical expert witness.
- Then, you will need to prove that the breach of care directly caused the damages you suffered. This element may involve supplying medical records and consulting with expert witnesses who can provide insight on your injuries.
- Finally, you will need to establish that you incurred damages as a result of the malpractice that you can claim in your lawsuit.
Who Can Be Liable for Medical Malpractice?
In the state of Missouri, you have the right to claim compensation for any injuries or losses you suffered as a result of medical malpractice. You can hold the individual medical professionals responsible for your injuries accountable through your claim, including doctors, dentists, obstetricians, nurses, and more. In certain circumstances, you can also file a claim against the hospital where the malpractice occurred.
To do so, you will need to determine the employment status of the doctor or other professional responsible for your injuries. If the professional is an employee of the hospital, you can likely hold the facility liable as well. If the professional is not an employee but an independent contractor, there are certain circumstances under which you can hold the hospital accountable.
- If the hospital appeared to be the employer of the contractor, you may be able to name the facility as a responsible party in your lawsuit. Hospitals typically make this distinction by noting the contractor’s status on admission paperwork. If they failed to do so, you could file your claim against the facility.
- If the doctor was obviously incompetent or dangerous and the hospital continued to hire him or her anyway, you could also hold the facility accountable for your injuries. You will need to prove that the hospital was aware or should have reasonably known about the incompetence to successfully prove this point.
Blue Springs, MO Hospitals
Blue Springs is home to St. Mary’s Medical Center, and is within driving distance of other hospitals and medical centers in Lee’s Summit, Independence, and Kansas City. While these facilities may treat thousands of patients each year, negligence and omission can occur that can result in additional injuries and worsening illnesses. If you or a loved one are suffering from the aftermath of malpractice, legal options are available to you – and the Missouri personal injury lawyers at Fowler Pickert Eisenmenger Norfleet can help.
Our experienced Missouri attorneys can represent you at the negotiating table as well as in the courtroom. We will take the time to learn your story, to discover the avenues toward maximum possible compensation, and to build a compelling case in your favor. Contact us today to schedule your free consultation at our law offices in Kansas City, Missouri.