Medical Malpractice Lawyer in Kansas City


Medical negligence or malpractice law provides a way to hold physicians accountable for the services they provide. These are considered special personal injury cases because they concern the responsibility of a physician to provide ethical and responsible treatment to patients.  It is important that if you or a loved one are the victims of medical negligence or malpractice, you do not hesitate in contacting an experienced and successful Kansas City, MO medical malpractice lawyer right away.

Some of the reasons a physician might confront a medical malpractice claim include a failure to diagnose, medication errors, failure to warn a patient of side effects and risks of treatment, misreading x-rays, or performing medical services without patient consent. Errors during surgery or childbirth injuries are also reasons for medical malpractice suits. Doctors who aren’t particularly diligent in maintaining a level of caution and exercising a high standard of care may find themselves the object of a medical malpractice suit at some point in their careers.

If you believe that your treatment under the care of a physician has been negligent or wrongfully prescribed, contact our personal injury lawyers in Kansas City, Missouri, today. Fowler Pickert Eisenmenger Norfleet is an experienced Kansas City medical negligence law firm who has a very successful track record handling medical malpractice suits and can help you receive the compensation you deserve for your pain and suffering.

Who is Liable in a Medical Malpractice Suit?

Medical malpractice is a form of professional negligence. Any health care provider can be liable in a medical malpractice lawsuit. Medical malpractice is an act or omission by the health care professional that does not live up to the standard of care. You can file a medical malpractice claim against any medical professional. This includes:

You can file a medical malpractice lawsuit against any health care professional who causes you harm while you are in a patient-provider relationship. If you believe that institutional reasons are responsible for your injuries, you may also file a medical practice claim against the hospital.

If you believe that any of the listed professionals caused you harm, speak to one of our Kansas City medical malpractice attorneys now.

How Can You Prove Medical Malpractice?

You’ll need to show a number of things to prove that malpractice was the direct or proximal cause of your injuries:

Hiring a Kansas City medical malpractice lawyer who is well versed in the laws surrounding medical malpractice can provide you with peace of mind that your case is taken care of so that you can focus on getting well. We will help you gather evidence and secure a medical expert to prove a medical malpractice case in court.

There are times that a case may be settled outside of court. Most physicians have medical malpractice insurance to cover cases that may arise. If both the plaintiff and defendant can agree on a settlement, a delayed court case may be unnecessary. Settling outside of court will allow the plaintiff to receive compensation more quickly and cut down on the fees and time associated with a case going to court.

Attorneys who work in the field of medical malpractice must be very particular when approaching these cases. The statute of limitations and presentations to medical review boards, and other requirements must be followed to the letter. Failing to provide all of the required information at the appropriate times may result in a case dismissal.

Kansas City Medical Malpractice

The Statute of Limitations on Medical Malpractice Suits

Every state has a statute of limitations law that restricts the amount of time a person has to file a medical malpractice case with the civil court system. Statutes of limitations are in place to protect defendants. These time limits encourage plaintiffs to pursue valid claims within reasonable diligence, instead of waiting until the defendant has potentially lost evidence to disprove the claim.

In general, statutes of limitations for medical malpractice cases are shorter than for other personal injury cases. Trying to file your case after the time limit has passed can result in the court refusing to hear the case. If the court agrees to hear the case, the defendant’s attorney can use your failure to file the claim in time as evidence against you – ultimately having your case thrown out. It’s important to see a Kansas City medical malpractice lawyer regarding your case as soon as possible after your injury.

What is the Statute of Limitations in Kansas City for a Medical Malpractice Case?

In Kansas City, MO, the statute of limitations to file most medical malpractice cases is two years after the date of injury. However, there are many exceptions to this rule. Sometimes a plaintiff can have the statute extended, or “tolled.”

If the underlying medical error that caused the injury was from the physician “introducing and leaving any foreign object in the body of a living person,” such as negligently leaving a surgical tool in the body cavity, the injured person has two years from the date he or she discovered the mistake.

Similarly, the plaintiff has two years from the date of discovery of a negligent failure to inform him or her (the patient) of the results of medical tests caused the injury. If the injured patient is less than 18 years old, he or she has until the age of 20 to bring a medical malpractice action, regardless of how many years this takes.

In Missouri, there is a statute of repose that serves as an “overall” deadline, with no way to be equitably tolled. The statute of repose gives a plaintiff 10 years since the alleged mistake occurred to file a claim. After 10 years, plaintiffs lose their right to bring a claim against the defendant, even if they have a valid case.

Kansas City Medical Malpractice Laws

To file a medical malpractice lawsuit in the state of Missouri, you will need to adhere to the state’s medical malpractice laws. As previously mentioned, you will need to make sure that your case falls within the statute of limitations.

You will have to hire an attorney experienced in Missouri medical malpractice law to file your complaint in civil court. An attorney can help you conduct an in-depth investigation and have access to resources you may not have on your own. Your Kansas City medical malpractice lawyer will have to file an affidavit of merit in civil court within 90 days of filing the initial complaint.

This affidavit of merit must include the following information.

In addition to proving that an instance of malpractice occurred, your med mal attorney will have to argue for your right to compensatory damages. In Missouri courts, you can claim damages for several reasons.

Missouri sets certain caps for non-economic damages, which do not involve out-of-pocket loss. For standard medical malpractice cases, you can claim up to $400,000 in non-economic damages. For cases involving serious personal injury or wrongful death, you can claim up to $700,000 in non-economic damages. To learn more, contact Fowler Pickert Eisenmenger Norfleet today.

Medical Malpractice Statistics You Need to Know

United States Medical Malpractice Deaths

In 2016, Johns Hopkins Medicine found that medical errors are one of the top causes of death in America. The only things that beat it are heart disease and cancer. It was shocking to find that medical errors cause nearly double the number of deaths than accidents.

A study by Harvard University’s CRICO Strategies also found that communication failures led to several instances of medical malpractice across the country. While most medical professionals are highly trained and uphold their expected standard of care, some make serious mistakes that lead to severe injuries, worsening illnesses, and even death.

According to the analysis of more than 320,000 medical malpractice cases, CRICO Strategies found a substantial percentage of various types of cases resulting from communication failures.

Suffolk University’s Civil Justice Resource Group provides additional statistics on medical malpractice in the United States.

Causes of medical malpractice include improper diagnosis, missed diagnosis, improper prescriptions or treatments, surgical errors, and more. Misdiagnosis is one of the most common causes of medical malpractice, with an estimated 12 million Americans receiving the wrong diagnosis each year. However, you can only file a lawsuit for misdiagnosis if the error led to worsening condition or significant losses.

These statistics are a cause for concern. Millions of Americans visit doctors each year, and thousands emerge with severe, life-changing injuries. Thousands more do not survive their doctors’ visits but would have done so if they had only visited another professional. If you or a loved one suffered injuries due to medical malpractice, you may have grounds to collect compensatory damages for your losses. Speak to a Kansas City medical malpractice lawyer to find out what your next steps should be.

Common Types of Medical Malpractice

Certain actions commonly constitute medical malpractice. These common types of medical malpractice include:

Failure to warn a patient of risks. If a medical procedure, surgery, or medication has side effects that a patient should know about, the doctor must inform the patient. Failure to do so can lead to unintended consequences, further injury and illness, and accidental death

Contact a Kansas City Medical Malpractice Lawyer Today

Plaintiffs in medical malpractice cases may receive compensation for loss of enjoyment of life, loss of income, loss of future earning potential, physical and mental suffering, medical expenses, and more. Your medical malpractice attorney in Kansas City will be able to help you receive the compensation you deserve for your unique case of medical negligence. Contact us today to schedule a free consultation.