Medical Malpractice at Olathe, KS City Hospitals
Posted in Lawsuit on November 18, 2019
In Olathe, we trust that the medical professionals we visit in the hospital will provide us with quality care and treatment. However, not all doctors, nurses, and other healthcare workers uphold the standard of care that their industry sets – and in some situations, this breach can result in injury to us.
If you are the victim of medical malpractice in Olathe, Kansas, you have legal options available to you. You can file a medical malpractice lawsuit against the individual or individuals responsible for your injuries – and even the hospital facility as a whole.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, surgeon, or other medical professional commits an act of negligence or fails to act, breaching his or her duty of care to you as a patient. As a result, you can suffer from injuries, a worsening condition, or an additional illness – along with a host of other physical, financial, and emotional damages.
In the state of Kansas, you have the right to file a lawsuit for damages sustained as a result of medical malpractice. The damages you are eligible to claim can vary based on the circumstances of your case and the type of medical malpractice you suffered from.
Medical malpractice can involve a number of different negligent actions, including the following.
- Prescribing the wrong medication or the wrong dosage to a patient
- Performing an unnecessary surgery or surgery on the wrong body part
- Failure to provide proper aftercare to a patient
- Discharging a patient prematurely
- Failure to provide an accurate diagnosis
- Failure to diagnose a patient’s symptoms at all
- Failure to order the proper testing for a patient
- Misreading or failure to read lab results
- Failure to acknowledge the patient’s medical history
Can You File a Claim Against a Hospital?
When you consider filing a medical malpractice lawsuit, you may wonder who you can hold liable for your injuries. You can file a claim against an individual or group of individuals responsible for your injuries, provided that they gave you medical care in a professional capacity. You can hold any medical professional liable in your lawsuit, including doctors, nurses, and obstetricians.
You can also hold the hospital as a whole responsible for your injuries. However, you can only do so under certain circumstances. First, the doctor or other professional responsible for your injuries must be an employee of the hospital. Some doctors are independent contractors, and the hospital is free from liability if they commit an act of malpractice.
The second scenario where you can name a hospital as an at-fault party in your lawsuit involves the competency of the professional responsible for the malpractice. If the doctor or other professional in question was so obviously incompetent that the hospital should have known and taken action to correct the issue but failed to do so, you can hold the hospital responsible in your claim.
How Long Do You Have to File a Medical Malpractice Claim?
If you are the victim of medical malpractice in Olathe, it is important to file your claim as soon as possible. This is because all lawsuits are subject to a deadline called the statute of limitations. If you don’t file your claim within this deadline, the court will refuse to hear your case.
In Kansas, you have two years from the date of the injury you sustained in the malpractice or the date on which you could have reasonably discovered the malpractice. You cannot file your claim more than four years from the date that the malpractice occurred.
Hospitals Located in Olathe, Kansas
With a population of just over 135,000 people, Olathe only has one hospital to serve its residents: Olathe Medical Center. If you were the victim of medical malpractice at this facility, you have the right to collect compensatory damages through a lawsuit in Kansas civil court. If you need assistance filing your claim, Fowler Pickert Eisenmenger Norfleet can help.
Our attorneys have strong knowledge and training in Kansas medical malpractice law, and have assisted residents of Olathe, Kansas City, Overland Park, and more in filing their personal injury claims. If you believe that your injuries were the result of the hospital’s negligence, contact us today to schedule your free consultation.