Medical Malpractice at Leawood, KS City Hospitals
Posted in Lawsuit on February 13, 2020
When we go to a hospital or visit any medical professional for treatment, we trust that the doctors, nurses, and other staff members will give us the care and respect we deserve. Unfortunately, many patients experience instances of medical malpractice at the hands of these professionals — even in Leawood, Kansas. In some cases, the hospital itself could be at-fault for any injuries or illnesses sustained during the course of treatment.
How to Hold a Hospital Accountable for Medical Malpractice
While you can hold any medical professional treating you in a formal capacity liable in a medical malpractice lawsuit, rules for the accountability of hospitals are more stringent. You can hold the hospital liable in your claim if the medical professional responsible for your injuries is an employee of the facility.
If the medical professional was not an employee but an independent contractor operating out of the hospital, you can hold the hospital responsible under one of the following scenarios.
- The hospital is supposed to inform you that a doctor or other professional providing you treatment is an independent contractor, usually on admission paperwork. If you did not receive this disclaimer and the professional otherwise appeared to be an employee, you may file your claim against the hospital as well.
- The hospital has a responsibility to ensure that its employees and contractors are competent and not a danger to their patients. If the medical professional in question has a history of dangerous or negligent behavior and the hospital knew about it and failed to take action, you may hold the facility accountable in your lawsuit.
What Damages Can You Recover in a Medical Malpractice Lawsuit?
When you file a medical malpractice lawsuit, you have the right to recover the damages related to the injuries you sustained as a result of the negligence. These can include economic damages, which are tangible, out of pocket losses, or non-economic damages, which are the damages you cannot quantify.
Economic damages can include medical bills, disability accommodations, lost wages during recovery time, and any property damage you may have sustained. Non-economic damages may include chronic pain and suffering, the development of mental illnesses, loss of quality of life, or other emotional anguish. In certain situations, you may claim punitive damages for especially negligent, intentional, or reckless instances of harm.
The state of Kansas imposes certain caps on non-economic and punitive damages in medical malpractice cases. If you qualify, you can receive punitive damages up to $5,000,000 or your highest gross income over the past 5 years — whichever is less. Kansas caps non-economic damages between $250,000 to $350,000, depending on when your case took place.
- If your case occurred between July 1st, 1988 and July 1st, 2014, you can claim up to $250,000 in non-economic damages.
- If your case occurred after July 1st, 2014 but before July 1st, 2018, you can claim up to $300,000 in non-economic damages.
- If your case occurred after July 1st, 2018 but before July 1st, 2022, you can claim up to $325,000 in non-economic damages.
- If your case occurred on or after July 1st, 2022, you can claim up to $350,000 in non-economic damages.
Were You Injured at Any of These Leawood Hospitals?
Leawood, Kansas is within driving distance of several major hospitals and medical centers, and medical malpractice can occur at any of these institutions. If you experience an act of medical malpractice at any of the following medical facilities, contact the Kansas City medical malpractice attorneys at Fowler Pickert Eisenmenger Norfleet as soon as possible.
- Joseph’s Medical Center
- Saint Luke’s Community Hospital
- Saint Luke’s South Hospital
- The University of Kansas Health System
- AdventHealth Shawnee Mission
Medical malpractice can cause significant damage to your physical, emotional, and financial well-being — and any medical professional can be responsible for this damage, including doctors, nurses, and even the hospital itself. Fowler Pickert Eisenmenger Norfleet’s attorneys have significant experience assisting Leawood residents and beyond with their medical malpractice claims, securing the compensation they need to recover. Contact us today to discuss your case and strategize your next steps.