Medical Malpractice at Excelsior Springs, MO City Hospitals
Medical malpractice occurs when a doctor, nurse, surgeon, or other healthcare provider causes injury to you through a negligent act or a failure to act. Suffering this injury can have a major impact on your physical, emotional, and financial well-being; medical malpractice can lead to additional medical expenses, lost wages, pain and suffering, and more.
Under Missouri law, you have the right to recover compensatory damages for the losses you suffered as a result of the negligence through a lawsuit in civil court. You can file your claim against the individuals responsible for your damages — and you may be able to hold the hospital liable as well.
How Can You Hold a Missouri Hospital Responsible for Medical Malpractice?
In many medical malpractice cases, you file a claim against an individual medical professional or a group of healthcare providers who are directly responsible for the negligence you suffered. However, there are some instances where you may be able to name the hospital where you experienced the negligence in your lawsuit.
To determine if your case is eligible, you will have to identify whether or not the individual responsible for your injury is an employee of the hospital or if he or she was an independent contractor operating out of the facility.
If the individual is an employee, you can file your claim against the hospital. If the individual is a contractor, you can name the facility in your lawsuit under one of the following circumstances.
- Hospitals must take action if they are aware of a history of negligent or dangerous behavior involving a contractor operating out of their facilities. If you can prove that the hospital was aware or should have been aware of this behavior and failed to act prior to your injuries, you can name them in your lawsuit.
- Hospitals must also inform you if the medical professional treating you is an independent contractor, usually with a note on your admissions paperwork. If the hospital failed to do so and the contractor appeared to be an employee, you can hold the facility accountable.
Proving a Medical Malpractice Case in Kansas City, Missouri
To file a successful medical malpractice lawsuit, you and your Kansas City medical malpractice lawyer will need to work closely together to develop a strong argument for your compensation. You will need to prove two main claims: that the individual medical professional was responsible for your injuries, and that the circumstances surrounding your case allows you to name the hospital in your lawsuit.
To prove your case against the individual professional, you will need to provide enough evidence to satisfy the following four elements.
- First, you will need to prove that the individual responsible for your injuries owed you a duty of care. If you visited a hospital or another medical facility and received treatment from the individual in a professional capacity, you can satisfy this element.
- Second, you will need to prove that the individual violated his or her duty of care to you, either as a result of a negligent act or a failure to act.
- Third, you will need to prove that the injuries you suffered were a direct result of the negligence.
- Fourth, you will need to prove that you suffered damages as a result of the malpractice that you can claim in your lawsuit.
Have You Suffered an Injury in an Excelsior Springs Hospital?
Medical malpractice can occur anywhere, including Excelsior Springs. If you have suffered an act of medical malpractice at Excelsior Spring Hospital or another nearby facility, such as Liberty Hospital or Saint Luke’s North Hospital, it is important to seek legal assistance as soon as possible — and Fowler Pickert Eisenmenger Norfleet can help.
Our Kansas City personal injury lawyers have years of experience assisting residents of Excelsior Springs and the surrounding areas with their medical malpractice claims. We will work closely with you to determine which damages you qualify for, help you navigate the lawsuit process, and utilize our wide network of resources to build a compelling case on your behalf.
Contact us today to schedule your free consultation with one of our attorneys. We are available to meet at our offices in Kansas City, or an alternate location upon your request.