Medical Malpractice at Prairie Village, KS City Hospitals
Posted in Medical Malpractice on March 24, 2020
Across the country, healthcare providers must uphold a strict duty of care when providing treatment to patients. In Prairie Village, Kansas, you trust that your doctors, nurses, and medical facilities perform their duties up to their professional standard. Unfortunately, this is not always the case — and you may become a victim of medical malpractice.
Medical malpractice occurs when a healthcare provider causes harm to you while treating you in a professional capacity, either through a negligent act or failure to act. If you are the victim of this negligence, you have the right to collect compensation for your injuries by filing a medical malpractice lawsuit against this individual — and if your case qualifies, you may also be eligible to hold the hospital accountable in your claim. Contact a Kansas City medical malpractice lawyer to help you with your case.
How to Hold a Prairie Village Hospital Liable for Malpractice
While you can file a medical malpractice lawsuit against any individual healthcare provider who commits an act of malpractice, holding a hospital accountable is more complicated. Hospitals often protect themselves from malpractice liability by hiring doctors and other specialists as independent contractors instead of employees.
If the person responsible for your injuries is an employee of the hospital, you can name the facility in your lawsuit. If the negligent party is not an employee but an independent contractor, you can only file a claim against the facility if your case involves one of the following scenarios.
- The hospital has a responsibility to inform you if the doctor or specialist treating you is an independent contractor, usually on your admissions paperwork. If the hospital failed to inform you of this fact and the negligent party appeared to be an employee, you could hold the hospital accountable.
- If an independent contractor operating out of the facility has a history of negligent or dangerous behavior, it is the responsibility of the hospital to mitigate the risk by either correcting the behavior or removing the individual. If you can prove the hospital knew about a dangerous pattern with the negligent party but failed to take action, you can name the facility in your lawsuit.
What Damages Can You Claim in a Kansas Medical Malpractice Lawsuit?
Under Kansas state law, you have the right to recover compensatory damages related to an act of medical malpractice. These damages have to relate to the resulting injury or illness you suffered, not the condition that brought you to the hospital in the first place. Common types of damages recovered in medical malpractice lawsuits include the following.
- Past and future medical expenses
- Lost wages and loss of future earning capacity
- Disability and disfigurement
- Loss of quality of life
- Disability accommodations
- Emotional distress
- Mental anguish
- The development of mental illnesses, such as depression, anxiety, and post-traumatic stress disorder
- Chronic pain
Did You Suffer Malpractice in Prairie Village, KS?
Although Prairie Village is not home to its own hospital, it is within driving distance of several major hospitals in nearby Overland Park, Shawnee Mission, and other Kansas cities and towns. These facilities include the following.
- The University of Kansas Health System
- AdventHealth Shawnee Mission
- Saint Luke’s Community Hospital in Roeland Park
- Overland Park Regional Medical Center
- Saint Luke’s South Hospital
If you are a victim of medical malpractice at the hands of any of the above facilities or any hospital in the Prairie Village area, you have the right to file a lawsuit against the individual or individuals responsible. In certain cases, you may be eligible to file a claim against the hospital as well.
Navigating medical malpractice law can be complex without a legal background — and that’s where Fowler Pickert Eisenmenger Norfleet can help. Our Kansas City personal injury attorneys have years of experience assisting residents of Prairie Village and the surrounding areas with their medical malpractice cases, recovering thousands of dollars in compensation to aid in their recovery.
Contact Fowler Pickert Eisenmenger Norfleet today to schedule your free consultation and strategize your next steps.