Medical Malpractice at Kansas City, MO City Hospitals
Posted in Lawsuit on November 18, 2019
When we seek treatment at a hospital, we are often at our most vulnerable. We put our trust into the doctors, nurses, and other medical staff who care for us – but sometimes, these professionals and the facility that they work for can breach their duty of care.
If you suffered an injury or a worsening condition at a Kansas City, Missouri hospital, you may be eligible for financial compensation through a medical malpractice lawsuit. Depending on the circumstances of your case, you can claim damages for additional medical expenses, pain and suffering, and more.
Can You File a Lawsuit Against a Hospital?
Many people believe that you can only file medical malpractice lawsuits against the individuals responsible for your injuries. While you can name a single doctor, nurse, or another medical professional in your lawsuit, you can also file a claim against the hospital as a whole.
However, you can only hold the hospital at-fault for the damages you suffered if the facility itself could be responsible for the cause of your injuries. Some doctors are independent contractors, and therefore you cannot hold the hospital liable for their actions. You can only hold a hospital responsible in a medical malpractice lawsuit under the following circumstances.
- The doctor or other medical professional is an employee of the hospital, or
- The doctor’s level of incompetence was so high that the hospital should have realized and intervened.
Proving Medical Malpractice in Missouri
In order to successfully file a medical malpractice lawsuit against a Kansas City hospital, you will need to prove that the hospital was at-fault for your injuries and subsequent damages. To do so, you and your attorney will need to prove that an instance of medical negligence occurred by providing evidence to support the following four elements.
- You can only hold a hospital accountable for your injuries if you can prove that their doctor owed you a duty of care. To establish duty of care, you will need to prove that the doctor provided treatment to you in a professional capacity. Your medical records and witness testimony can support this element.
- Once you’ve established the duty of care, you will need to prove that the doctor breached his or her duty of care to you. To do so, you must prove that the doctor acted in a way that another reasonably prudent doctor would not have done under the same set of circumstances. Your attorney can connect you with medical experts who can provide testimony to support this element.
- After you establish the breach, you will need to prove that the breach of duty of care led to your injuries or worsening medical condition. Additional medical records, medical expert testimony, and financial documents can help you support your claim.
- Finally, you will need to prove that the injuries you suffered led to the damages that you can collect in your lawsuit. You can obtain compensation for both economic and non-economic losses sustained as a result of the medical malpractice. Your attorney can help you determine which damages you could collect.
Which Hospitals Are in Kansas City, Missouri?
Since Kansas City has a large population of over 480,000 people, it is home to several hospitals and medical centers. Under Missouri state law, if you suffered an injury as a result of the negligence of any of the following hospitals, you have the right to file a medical malpractice lawsuit.
- Children’s Mercy Hospital
- Research Medical Center
- Saint Luke’s Hospital of Kansas City
- Joseph Medical Center
- University Hospital
If you suffered an injury at any of the hospitals listed above, Fowler Pickert Eisenmenger Norfleet can help. Our Kansas City medical malpractice attorneys have significant experience assisting clients with medical malpractice cases throughout Missouri, including residents of Kansas City. We have a strong knowledge of Missouri medical malpractice law and can guide you through each step of the process.
Contact us today to schedule your free consultation and to discuss your legal options.