Medical Malpractice at Lee’s Summit, MO City Hospitals
Posted in Lawsuit on December 26, 2019
When we visit a hospital, we trust that the doctors, nurses, and other facility staff who are providing treatment to us uphold a certain standard of care. We also trust that the hospital follows necessary protocols to ensure that each patient receives the proper care they need. However, not all facilities uphold these standards — and reckless, negligent, or intentionally harmful actions can occur.
If you are the victim of medical malpractice, you have the right to hold the at-fault parties responsible for your damages — and if your case involves the negligent actions of a Lee’s Summit hospital, you can hold the entire facility liable in your lawsuit. However, you can only hold a hospital at-fault for medical malpractice under certain circumstances.
When Can You Hold a Hospital Liable in a Lawsuit?
Hospitals must uphold a certain standard of care when providing treatment to patients, along with the nurses, doctors, and other employees who work there. You can hold any healthcare professional who provides you treatment in a formal capacity liable in a lawsuit, including doctors, nurses, surgeons, and specialists, including anesthesiologists and obstetricians. However, you can only hold a hospital responsible for medical malpractice under certain circumstances.
- Hospitals are responsible for the actions of their employees. If the individual responsible for your injuries is a hospital employee, you can likely hold the hospital at-fault as well.
- If the professional is an independent contractor who operates out of the hospital, the hospital must communicate this fact to you, usually on your admission paperwork. If the professional appeared to be an employee, you may be able to hold the hospital liable for your injuries.
- Hospitals have a responsibility to ensure that the medical professionals who operate out of it are not incompetent or a danger to their patients. If the professional responsible for your injuries is incompetent and the hospital, being aware of the incompetence, continued to allow him or her to operate out of the facility, you could hold the hospital liable in your lawsuit.
What Damages Can You Collect in a Medical Malpractice Case?
In a medical malpractice lawsuit, you have the ability to claim compensation for the financial, physical, and emotional damages you suffered as a result of your injuries or worsening illness. There are three main types of damages you can claim under Missouri law.
- Economic damages include the tangible out of pocket losses you suffered as a result of the malpractice. They can include additional medical expenses, disability accommodations, lost wages during recovery time, medications, and more. Missouri does not impose a cap on economic damages.
- Non-economic damages include the intangible losses you suffered as a result of the malpractice. They can include chronic pain, emotional anguish, or the development of mental illnesses like anxiety or depression. The state of Missouri imposes a $400,000 cap on the amount of these damages you can claim in medical malpractice cases.
- In some situations, you may be able to claim punitive damages in situations where the actions of the hospital or individual were especially reckless, negligent, or malicious. These damages are rare, but the court may award them to you based on the facts of your case.
It is important to note that the damages you collect must relate to the injuries or illness you suffered as a result of the malpractice, not the condition you originally sought treatment for. Your attorney can help you separate these two conditions.
Hospitals in Lee’s Summit, MO
The aftermath of an act of medical malpractice can be devastating — and it can feel difficult to seek compensation for your damages, especially if an entire medical facility is at-fault for your injuries or worsening illness. The Kansas City medical malpractice attorneys at Fowler Pickert Eisenmenger Norflet can assist Lee’s Summit residents with their medical malpractice cases, including litigation against the following hospitals and medical centers.
- Lee’s Summit Medical Center
- Saint Luke’s East Hospital
Whether you are suffering from a negligent act at the hands of an individual professional or an entire hospital, Fowler Pickert Eisenmenger Norfleet can help guide you through the lawsuit filing process. Contact us today to schedule your free consultation at our offices in Kansas City, Missouri.