Medical Malpractice at Independence, MO City Hospitals
Posted in Lawsuit on December 26, 2019
Medical malpractice can take on many forms, from misdiagnosis to surgical errors and more. In many situations, the actions of negligent professionals are responsible for the injuries or worsening illness that we incur after an act of malpractice — but in some cases, the entire hospital or medical facility could be responsible as well.
If you are the victim of medical malpractice at the hands of an Independence hospital, you have legal options available to you. You can hold the hospital accountable through a lawsuit in Missouri civil court, claiming compensatory damages for your additional medical expenses, disability accommodations, and more.
Who Can You Hold Liable in a Medical Malpractice Lawsuit?
All medical professionals and facilities must uphold a certain standard of care when providing treatment to patients. If an individual or a hospital acts or fails to act in a negligent manner, you can hold them responsible through a medical malpractice lawsuit. You can hold any medical professional who provides you with medical care liable, including doctors, nurses, and obstetricians.
You can hold a hospital liable for your injuries under the following circumstances.
● The medical professional responsible for your injuries was an employee of the hospital.
● The medical professional was an independent contractor and the hospital failed to inform you of this fact.
● The medical professional was incompetent and the hospital was aware of this incompetence and continued to employ him or her.
Proving a Case of Medical Malpractice in Missouri
Once you establish who is at-fault for the injuries or worsening illness you suffered as a result of the malpractice, you will need to prove that an act of malpractice occurred in the first place. Proving negligence in these lawsuits can be complex, so it is important to hire a medical malpractice attorney to assist with your case.
You and your Kansas City medical malpractice lawyer will need to work together to prove the following elements and establish that the at-fault parties are responsible for your damages.
● First, you will need to prove that the individual responsible for your injuries and the hospital owed you a duty of care at the time of the malpractice. You can only hold medical professionals responsible for malpractice if they were providing treatment to you in a formal capacity, so you will need to establish that you were under the professional’s care at the hospital. In addition, you will need to prove that the professional was either an employee of the hospital or that the hospital was otherwise liable for his or her actions.
● Next, you will need to establish that the individual and the hospital breached their duties of care to you in some way. The individual must have acted in a way that a similar trained and reasonably prudent professional would not have done under the same circumstances. You will also need to prove that the professional was an employee of the hospital, that the hospital failed to inform you that he or she was a contractor, or that the hospital willingly continued to employ an incompetent worker.
● Third, you will need to show that the negligent actions of the hospital and the individual professional directly caused your injuries or worsening illness. You may need to consult with an expert medical witness to prove this element.
● Fourth, you will need to establish that you suffered damages as a result of the malpractice that you can collect in your lawsuit. These damages can be economic in nature, including medical bills or lost wages, or non-economic, such as pain and suffering damages.
Holding Hospitals Accountable in Independence, MO
Even the best hospitals can take negligent actions against their own patients, resulting in severe injuries or worsening illnesses. If you believe you are the victim of medical malpractice at the hands of an Independence, Missouri hospital or medical center, contact Fowler Pickert Eisenmenger Norfleet today. We can assist clients who are holding both individual medical professionals and entire facilities accountable for their actions, including Centerpoint Medical Center in Independence.
Hiring a Missouri personal injury attorney can provide a number of benefits for your medical malpractice case, including access to expert witnesses, familiarity with the Independence civil court system, and contingency fee arrangements to limit your out of pocket costs. Contact our Missouri law firm today to schedule your free consultation and to begin the lawsuit filing process.