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 victim of medical negligence or malpractice, you do not hesitate in contacting an experienced a successful Kansas City medical malpractice attorney 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.
If you believe that your treatment under the care of a physician has been negligent or wrongfully prescribed, contact our Kansas City personal injury lawyers today. Fowler Pickert Eisenmenger Norfleet is an experienced Kansas City medical malpractice law firm that has a very successful track record handling medical malpractice suits and can help you receive the compensation you deserve.
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.
Potential Parties That Can Be Guilty of Medical Malpractice
- Physician assistants
You can file a medical malpractice lawsuit in Kansas City 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.
How Can You Prove Medical Malpractice in Kansas City, MO?
You’ll need to show a number of things to prove that malpractice was the direct or proximal cause of your injuries.
Proving Medical Malpractice
A doctor had a professional relationship with the patient.
You must have been treated under the doctor’s care. Being simply advised by the doctor at a social event does not qualify as a professional relationship.
The doctor was negligent or acted wrongfully.
Dissatisfaction with treatment is not grounds for a malpractice suit. The doctor must have engaged in some act or recommendation that another doctor would not have reasonably recommended. A qualified Kansas City medical malpractice lawyer will be able to help you gather the evidence to prove discordance with a relevant standard of care.
The injury was caused by the doctor’s negligence.
This aspect can be difficult to prove because most patients are ill or injured at the time of the incident in question. A medical expert will often need to prove injury or harm due to a doctor’s negligence.
Harm was indeed suffered by the patient.
You will need to provide evidence of physical pain, mounting medical bills, lost income and work, or mental instability or anguish as a result of the doctor’s misconduct.
Hiring a Kansas City medical malpractice attorney 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.
What Is the Statute of Limitations in Kansas City for a Medical Malpractice Case?
In Kansas City, Missouri, 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 the patient of the results of medical tests that caused the injury. If the injured patient is less than 18 years old, they have until the age of 20 to bring a medical malpractice action, regardless of how many years this takes.
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.
What Damages Can Be Claimed in a Medical Malpractice Suit?
- Past and future medical expenses
- Lost income
- Loss of quality of life
- Pain and suffering
- Scarring and disfigurement
- Stress and anxiety
- Punitive damages for especially negligent or reckless behavior
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.
Have You Or a Loved One Been Injured Due To Medical Malpractice In Kansas City, Missouri?
If you believe you or a loved one has been harmed due to medical practice you should speak with an experienced medical malpractice lawyer as soon as possible. Please feel free to contact us online or call our office directly at 816.832.4688 to schedule your free consultation. We are proud to serve Kansas City, Missouri and the surrounding area and look forward to speaking with you.