Kansas City Medical Malpractice Lawyer

When it comes to the professionals who take care of our health needs, we expect a certain level of confidence. We expect them to be trained to a high standard so that we can feel safe when we need their help the most.

Unfortunately, negligence does happen, and when it does, the result can lead to catastrophic injuries.

Medical malpractice is one of the most harrowing forms of negligence. It comes from those we trust with our lives – our doctors, nurses, and physicians.

We never imagined those in charge of our health and well-being would engage in negligent or reckless practices that could threaten or even take our lives.

When this occurs, medical malpractice law in Kansas City, MO, states that you should have every chance to hold these physicians accountable for their negligence.

Medical malpractice cases are considered personal injury claims in the eyes of Texas law, which means you should seek the help of a skilled Kansas City personal injury lawyer if you or a loved one is the victim of medical malpractice.

Here at Wendt Law, our highly skilled, highly experienced team of Kansas City medical malpractice lawyers is here to help. We have a great track record in dealing with medical negligence cases just like yours.

We offer a free consultation and free case evaluation where we can advise you on the best course of action and discuss your case.

We have over 40 years of combined experience in dealing with cases just like yours, so call us at 816-531-4415 to seek the compensation you deserve.

Ask a Kansas City Attorney: What Is Considered Medical Malpractice?

Medical malpractice describes what happens when a doctor or healthcare provider harms a patient by making a mistake in providing care, delivering treatment, or making a diagnosis. The care provider could harm the patient either intentionally or unintentionally, and the damage can be caused by negligence or failure to act.

When people think of medical malpractice lawsuits, they often associate them with healthcare professionals such as surgeons or physicians. However, any medical professional who provides care can find themselves facing a medical malpractice claim if they behave negligently or recklessly.

If you are wondering what exactly constitutes medical malpractice and medical negligence, here are some common reasons for a medical malpractice claim:

• The incorrect diagnosis of a medical condition. This can happen because the doctor refuses to put the patient through certain tests or monitoring, or they ignore the concerns of a patient, and their condition worsens.
• Poor communication between doctors and nurses, such as forgetting to communicate medications, side effects, or allergy risks with each other.
• Treating or operating on a patient without informed consent. This happens when a doctor does not gain consent to administer medications or surgery. Consent should always be given by patients before treatment, or the doctor is engaging in grossly negligent behavior.
• Treating a patient with the wrong medication or performing the wrong procedure. This happens due to a lapse in judgment, a surgical error, or bad communication. Failing to perform the correct procedure is definitely gross negligence.
• Discharging a patient too early or not allowing them enough time for the treatment to take effect. Rushing to discharge a patient can lead to conditions or side effects being missed.
• A lack of sufficient monitoring. If a patient is not monitored correctly and regularly during their time at the hospital, there may be injuries that could have been avoided.

Common Injuries Sustained As A Result Of Medical Malpractice In Kansas City, MO

Every Kansas City area medical negligence case is different and can result in any number of injuries. The most common ones we see here at Wendt Law are:

Surgery or Anesthesia Error

Mistakes during surgical procedures, such as administering too much anesthesia or leaving a cotton swab in the body, can easily be fatal. A patient might have a malpractice claim if a surgeon or operating room staff member makes a mistake that a reasonable, prudent party would not have.

Medication Mistake

As stated above, medication mistakes are some of the most common in the industry. Prescribing the incorrect medication, giving the wrong dosage, or mixing up patients can lead to adverse outcomes and even death.

Diagnosis Errors

Misdiagnosing a condition, diagnosing a condition too late to help the patient, or failing to diagnose a condition at all can result in the patient not receiving the treatment he or she needs. Diagnosis errors can worsen a patient’s prognosis, exacerbate injuries and illnesses, and lead to wrongful death.

Birth Injury

Malpractice during pregnancy, labor, and delivery can result in a birth injury that can harm the mother and baby. Common mistakes during childbirth include failing to monitor vital signs, delaying cesarean section, and failing to diagnose and treat emergencies, resulting in harm to the baby, such as brain damage.

Negligent Patient Care

Some forms of medical malpractice aren’t as glaringly obvious as a surgical error, yet still cause significant patient harm. Patient neglect can lead to a lack of sanitation, bedsores, infections, worsened outcomes, and preventable post-surgery complications.

A patient may have grounds for legal action any time a healthcare professional or facility falls short of professional duties, resulting in patient injury, death, or other damage. Contact a qualified medical malpractice lawyer when in doubt to schedule a free consultation about your case.

Infections

Infections usually happen as a result of poor sterilization and contamination issues. Infections can arise from surgical equipment that has not been sterilized or contaminated equipment or medication. Infections can cause serious complications and even death if untreated.

Surgical incisions in the wrong patient

While rare, we do see cases where patients undergo surgery that they were not meant to undergo. Sometimes patients receive the surgery that was meant to be done on another patient. This means they have undergone a complicated medical procedure for no reason. They may have long-term follow-up appointments and mental trauma as a result, and they deserve to be compensated for this.

Drug overdose or allergic reactions

It is the responsibility of the hospital and the doctors to ensure that the medication is given in the correct dosages and that the patient is not allergic to the medication.

Wrongful Death

The worst possible outcome of medical errors is the wrongful death of a patient. This can happen because of incorrect medication, surgical errors, or device malfunctions.

It is really important for all attorneys who work in this field to have exceptional knowledge of the Missouri medical negligence laws and regulations. If you do not follow them to the letter, your case may be thrown out. This includes presenting to the relevant medical review boards.

Medication Errors

Medical malpractice comes in many forms, and medication errors can be some of the most damaging cases. Although many prescription medications share similar names, it’s vital for doctors and pharmacists to accurately write and fill prescriptions. Doctors must carefully examine a patient’s medical history before prescribing a medication.

They must check for allergies or potentially dangerous interactions with other prescriptions. Pharmacists must accurately fill prescriptions and provide customers with instructions for proper use.

When medication mistakes happen, victims can suffer extreme or even deadly consequences.

A patient who takes a drug that interacts poorly with other prescriptions could face severe medical complications or die.

Additionally, if a patient receives the wrong medication, the medical condition will continue to worsen since he or she isn’t receiving appropriate treatment.

When these errors result in patient illness and injury, victims can file medical negligence claims to recover compensation.

Types of Medication Errors

Any error resulting in patient harm from medication could constitute a medical malpractice claim. A few examples of medication errors that might justify a lawsuit include:

• Prescribing the wrong medication to a patient.
• Confusing the name of prescribed medication with another and filling a prescription incorrectly.
• Prescribing the wrong dosage.
• Filling a prescription with an incorrect pill count, dosage size, or other inaccurate variables.
• Failing to warn a patient of potential side effects and dangerous interactions.
• Failing to instruct the patient on proper dosage (taking the pill with food, etc.)
• Mislabeling medications.
• Prescribing a medication to which the patient is allergic.

In some cases, a medication error may not manifest noticeable symptoms for some time. In other cases, the issue will be immediately apparent. Missouri allows for a two-year statute of limitations on medical malpractice claims, beginning on the date of injury or the date the patient discovered the damage from the medication error.

Such an error could cause the patient’s condition to worsen, necessitating further medical intervention or corrective procedures and further expense.

Patients may also experience negative reactions to the wrong medication, causing pain and suffering as well.

Who is Liable in my Medical Malpractice Claim?

All healthcare providers have a duty of care to their patients. This means that all medical professionals can be held liable in a medical negligence case. If a medical professional acts in a way that any reasonable professional would not, they are acting negligently.

It can be difficult to assign liability in a medical malpractice lawsuit.

A single case could involve the liability of a physician, nurse, surgeon, health care center, manufacturer, and/or other defendants. Understanding your right to file a claim as an injured patient may take a case review from a qualified personal injury attorney.

A lawyer can look at the facts of your case and identify the party that failed to fulfill the reasonable standard of care for the situation. Then, your medical malpractice attorney can help you bring a case against that party/parties.

Doctor

A doctor or surgeon could be individually liable for your damages if he or she were an independent contractor, not an employee of the health care center. Most hospitals in Missouri hire contractors rather than keep doctors as employees, meaning the negligent physician could be personally liable for the malpractice.

Hospital

If an employee of the hospital or other health care center contributed to your injuries, the center could be vicariously liable as an employer is over its employees. An attorney can help you find out if the person who caused your injuries was a contractor or an employee of the facility. A hospital could also be liable for injuries it causes, such as injuries due to unsafe premises.

Emergency Room (ER)

Emergency room malpractice could lead to injuries that likely would not have happened in a safer ER setting. ER malpractice may take the form of refusing patient care, misdiagnosing conditions, ignoring complaints, keeping unsafe premises, and misreading test results.

Laboratory

If you suffered an injury because of a condition misdiagnosis, the lab that mixed up or misread your test results could be liable for your damages. It is a lab’s duty to avoid mixing up patients or test results, as well as to behave in a manner that is reasonable and prudent.

Medical Product Manufacturer

Companies that create and distribute medical devices, medications, and other medical industry goods have very high standards of care. They must adequately design, test, and market their products to be reasonably safe for patients. Failure to do so could result in an injury and a product liability lawsuit.

Holding someone liable for your damages after alleged medical negligence may take a thorough investigation of facts. Your lawyer may have to revisit the hospital, interview its employees, gather evidence, and hire medical experts to attest to the fact that the defendant breached a duty of care within the medical industry.

Other providers who could be liable:

• Dentists.
• Anesthesiologists.
• Midwives.
• Surgeons.
• Nurses.
• Physician assistants.
• Radiologists.
• Chiropractors.

You have grounds to make a medical malpractice claim if any healthcare professional has caused you harm. When treating patients, all healthcare providers have a patient-provider relationship which means they are accountable for their actions whilst treating you.

How Do You Prove Medical Malpractice in Kansas City, MO?

You are going to need proof in order to assign negligence in a medical malpractice case. In particular, you are going to need to prove that malpractice directly caused your injuries.

To do this, you will need to show:

• That the victim was under a doctor’s care in a professional relationship.
• That the doctor acted negligently.
• That the doctor acted in a way that a reasonable equal would not have acted.
• That the injuries in question were caused by this negligence.
• That the patient suffered damages as a result, such as medical bills, emotional trauma, etc.

You must prove the following four elements as an injured patient:

Duty

• You and the physician had a doctor-patient relationship at the time of the incident. You may not be able to hold a physician or facility responsible for wrongdoing if you weren’t a patient at the time. For example, if a doctor misdiagnoses you while off-duty at a cocktail party, he or she did not bear the same duties of care to you as a physician in a healthcare setting. You must have hired the physician and he/she must have agreed to the position.

Breach

• A breach of duty occurred. Physicians, hospitals, emergency rooms, and other healthcare workers and facilities owe patients the highest standards of care. Doctors must be “reasonably skillful and careful” in treating patients. You must show that the defendant breached a duty of care to you to have a malpractice claim. A “breach” can be anything that results in the defendant failing to fulfill his/her/its duties of care to you as a patient.

Causation

• The defendant’s breach of duty caused your injuries. You must have proof of proximate cause between the physician’s actions and the injuries or wrongful death for which you’re bringing the lawsuit. Proximate cause means that the breach of duty must have “more likely than not” caused the patient’s harm. Having a medical expert in the same field as the defendant testify can typically help with this burden of proof.

Damages

• The act of malpractice caused real, compensable damages. You must have suffered real damages as a result of the defendant’s actions to have a claim that qualifies. “Real damages” can refer to economic and non-economic losses, including lost wages, hospital bills, pain and suffering, and mental anguish. You can also list damages such as funeral and burial costs if a loved one died from medical malpractice.

You have the foundation for a medical malpractice claim with these basic requirements. However, knowing if medical malpractice or personal injury laws cover your specific case requires looking at the special requirements, discussed below.

Importance of Investigation

Medical malpractice cases and the law that governs them are particularly complex, and this means it is crucial to hire a specialist Kansas City medical malpractice attorney to guide you through the process.

They will be able to investigate on your behalf, collecting evidence and advising you on the best course of action.

They will also advise you on the importance of keeping all records, from medical bills to taxi ride receipts.

They will be able to get in touch with their network of medical malpractice experts.

These will be able to bolster your claim in court.

Most of the time, physicians will have strong levels of medical malpractice insurance to protect them if they make a mistake. This means that in many cases, the insurance companies will attempt to settle outside of court, preventing the need for a lengthy court case.

This only happens if you are in full agreement with the settlement figure, and we advise you to speak to your medical malpractice lawyers in Kansas City to find out if they think the sum is acceptable or not.

Settling outside of court will lead to fewer fees and less stress, but may mean you are awarded less overall.

Filing a Lawsuit for Medical Malpractice in Missouri

Unlike some other states, Missouri does not uphold any caps or limits on damages a plaintiff may receive in a medical malpractice case. Missouri also has specific laws in the event of joint damages or cases involving two defendants against one plaintiff.

For example, a doctor prescribes the plaintiff the wrong medication for his or her condition, and the pharmacy fills the erroneous prescription incorrectly as well, with a larger dosage than intended. In this situation, both the doctor and the pharmacist would absorb some measure of fault for their mistakes if they resulted in harm to the plaintiff.

If you intend to file a lawsuit for a medication error or any other kind of medical malpractice in Kansas City, you will need an affidavit of merit signed by a medical professional, as mentioned above.

This affidavit will essentially act as sworn testimony from the practitioner that your claim has merit.

Experienced attorneys can help you build a strong case for your medication error claim. If you succeed in your claim, you can recover compensation for any expenses resulting from the error as well as compensation for your pain and suffering.

Our Kansas City medical malpractice attorneys have helped many clients secure compensation for their damages in a variety of civil claims. We understand the damage a medical malpractice situation can cause, and we want to help: our lawyers are not afraid to handle complex medical malpractice claims.

Contact our team today to schedule a free consultation with one of our medical malpractice attorneys in Kansas City. We’ll review your claim and see how our firm can help during a free consultation.

How to Prove a Medical Malpractice Claim

Malpractice cases involve patients who have suffered harm because of a medical error. A medical malpractice claim cannot be filed unless a negligent act has injured a patient.

To prove your medical malpractice claim, there are certain things you must establish in your medical malpractice lawsuit. All of the following elements must be proven to meet the basic requirements for a medical malpractice claim:

That a Doctor and Patient Relationship Existed

To file a medical malpractice claim, you must prove that you and your doctor have a professional relationship; specifically, that a doctor-patient relationship existed. Patients must provide medical records showing a history of receiving care and visiting the medical facility.

They may also need to provide evidence that the medical procedure they are claiming occurred did take place or submit verification from their insurance company that they received and paid for their treatment. Unless a doctor-patient relationship exists, you will not be able to file a medical malpractice lawsuit.

A Standard of Care Was Established

A standard of care is the title given to treatments that are widely accepted as the proper treatment for a given disease or injury. In theory, if you were to walk up to a medical expert and ask them how to treat an illness, each one should give you a similar answer. Doctors are expected to perform a standard baseline level of care, and failing to do so constitutes medical malpractice.

That a Breach of the Duty of Care Occurred

Medical malpractice cases involve patients whose doctors were responsible for providing competent care but fell short. Patients must show that the professional duty owed to them was not fulfilled. Expert testimony is also often necessary to highlight how a breach of care occurred since the consulting physician can offer their perspective on whether the doctor fulfilled their duty to the patient.

Just because a patient is unhappy with the outcome of their treatment doesn’t mean that the medical care they received was subpar. Scheduling a free consultation with a medical malpractice attorney can help you determine if you have a valid claim before you commit to a lawsuit and the legal fees that accompany it.

That Breach of Care Caused the Injury

If the treating doctor caused your harm through negligent behavior, you must be able to prove that the harm you experienced was caused by the doctor’s treatment. Proving this aspect of a medical malpractice lawsuit can be challenging because it can be difficult to prove that a patient’s injuries are from negligence, not the patient’s medical condition.

Injured patients can claim that the risks doctors took were unwise, but in order to prove negligence, they will need evidence. Usually, a medical expert will need to be called in to support your belief that what happened constitutes medical malpractice.

That the Injury Caused Damage

Malpractice claims are only legitimate if the injury caused damage. Therefore, the patient must prove that the care provider’s negligence resulted in damages like medical expenses, pain and suffering, or other adverse effects of the injury.

Special Requirements in Medical Malpractice Claims

Medical malpractice lawsuits are held to strict rules. When filing a medical malpractice lawsuit, you may feel as if you are constantly jumping through hoops trying to seek compensation for the harm done to you.

Working with experienced personal injury attorneys ensures that you will not overlook any legal elements that could prohibit you from seeking justice. The following requirements are just a few of the hurdles a lawyer can help you navigate:

Statute of Limitations

In Kansas, you have two years to file a medical malpractice lawsuit if a doctor’s negligence caused you injury. The clock starts when the damage occurs, or, if the injury could not reasonably have been discovered until later, from when the average person could be expected to become aware of the doctor’s error.

Kansas has a statute of repose that applies to medical malpractice lawsuits. This statute prevents the injured patient from making any malpractice claims once four years have passed. The patient must pursue legal action within four years of care, and even if they discover an issue outside that window, they cannot file a medical malpractice suit.

The Medical Malpractice Screening Process

If any party in the lawsuit requests it, a review panel called the medical malpractice screening panel must evaluate the legitimacy of a malpractice claim. Before the lawsuit can move forward, the panel will review the evidence and complete a report based on its findings. The panel will consist of three healthcare providers, one chosen by the defendant, one by the plaintiff, and one chosen jointly, as well as a court-selected attorney who will act as the panel chairperson.

In the report, the panel will state whether the doctor met the expected standard of care and whether the doctor caused the victim’s injuries. The report will be admissible as evidence in the lawsuit, and either side may call the panel members to provide expert testimony at the trial.

What Damages Could You Recover Through a Medical Malpractice Lawsuit?

Although all medical malpractice cases are different in terms of severity and complexity, you and your loved ones may be entitled to a range of different damages if you have been the victim of negligence.

Some damages are economic, meaning they have a physical number attached to them. These include things like medical bills. Some are non-economic; these include less tangible things, like loss of enjoyment of life. These will need to be calculated by an experienced Kansas City medical malpractice lawyer.

A medical malpractice attorney from our Kansas City law firm will ensure that you have the chance to be compensated in full for any damages you have received, which may include:

Medical Bills

When it comes to claiming for your medical bills, you can claim for all past, present, and even future medical bills. You will need to keep all records of your bills if you want the best chance of compensation.

Keep records of all ER visits, necessary medical devices, routine doctor’s appointments, and more.

Loss of Wages and Earning Capacity

If you have had to take time off work due to your injuries, you can claim for all lost wages you have incurred as a result. If your injury means you can no longer work in the same capacity as you did before, you can claim for all future loss of earnings too.

Pain and Suffering

Pain and suffering can mean a number of things. These non-economic damages can include things like pain and emotional suffering you have endured, or loss of enjoyment of life if you can no longer attend sporting events or hold your kids.

To calculate these damages, your Kansas City medical malpractice attorney will look at things like your levels of depression, fear, and anxiety, as well as how much your life has changed as a result of the incident.

Non-Economic Damage Cap

In Missouri, there is a cap on all non-economic damages. This means in a standard medical malpractice case, you can claim up to $400,000 for non-economic damages.

In more serious cases that result in catastrophic injury or wrongful death, this is increased to $700,000.

Loss of Consortium

If a close family member or spouse has lost their life due to a medical malpractice incident. You may be entitled to seek compensation for lost income to the household.

Punitive Damages

If you feel the medical professional involved acted in a way that was malicious or grossly negligent, you may be able to seek punitive damages.

Punitive damages are designed to punish the individual and deter others from acting in the same way.

The Statute of Limitations on Medical Malpractice Suits

Every state in America has its own specific statute of limitations. This places a time limit on victims of personal accident cases, medical malpractice cases, and wrongful death cases.

These time limits are put in place to encourage victims to pursue their specific claims promptly. This prevents victims from taking advantage of the fact that the defendant most likely no longer has the evidence to dispute their claim

Medical malpractice limitations tend to be shorter than standard personal injury cases.

If you attempt to file your case after the given time limit, the court has every right to refuse your claim entirely. If you do manage to get the court to listen, you may find the defendant uses your untimely filing as strong evidence against your claim, and you may have your case thrown out.

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

In Missouri, the statute of limitations states that you have two years to file medical malpractice suits.

There are a few exceptions to this, where the length of time can be extended. One example would be if a physician has left a surgical tool inside a victim’s body. In these cases, victims have two years following the date they discovered the object.

Medical Malpractice Law in the United States

Medical malpractice law falls under a category of law known as tort reform, and personal injury attorneys usually handle these cases. While states may have slight variations in their rules regarding medical malpractice suits, many factors of medical malpractice law stay consistent regardless of the state.

Patients who suffered physical harm due to the action or inaction of a surgeon or other medical professional should attempt to recover compensation. Medical errors can have life-long consequences for the patient, and the patient is entitled to seek fair compensation for their injuries.

Adversarial Malpractice Torts

Nearly all medical malpractice cases in the United States are handled through adversarial malpractice torts. Although some states utilize a no-fault system for specific medical negligence claims, Kansas does not. Patients injured because a physician acted negligently or did not inform them of known risks associated with their procedure must prove that the medical care provided to the patient was insufficient.

Medical malpractice cases require a court to determine that a doctor’s negligence caused the patient’s injuries. To prove negligence, your attorney must provide legal documents, expert testimony, and even statements from your insurance company to support your claim that the doctor caused your injuries.

Kansas City Medical Malpractice Laws

Medical malpractice laws are complex. These laws govern the definition of medical malpractice, when a patient may file, deadlines for filing, and other important rules. Understanding the laws surrounding your particular case can help you avoid missing a statute of limitations or making another mistake that could bar you from recovery. The laws will differ according to the state in which the incident occurred:

• You have two years from the date of injury or discovery of injury to file your claim. Exceptions exist to this deadline. For example, child victims have two years from the date of their 18th birthday, or 10 years from the date of injury, to bring a claim (whichever is later). To file, the plaintiff needs an affidavit of merit or a document that states an expert agreed that the defendant was negligent.
• A plaintiff has two years from the date of injury to file a claim in Kansas. However, there is a four-year statute of repose. This means that regardless of when the patient discovered his or her injuries, the patient has four years maximum from the time the error occurred. Kansas does not require an affidavit of merit to file, but the courts will hold a medical screening panel to review the claim if either party requests this action.

There is a non-economic damage cap on medical malpractice claims in Kansas, but not in Missouri. This cap is between $250,000 and $350,000, depending on when the case accrued. Navigating laws can be grueling, especially if you’re also recovering from significant injuries. Working with Kansas City medical malpractice attorneys can make the process much easier for you and your family.

Missouri Fault Laws

The fault and negligence laws in Missouri give injured patients the right to pursue claims against hospitals and doctors allegedly guilty of medical malpractice. Filing a claim as a victim could be the first step toward achieving financial compensation for your damages. Your attorney can help you seek justice by navigating medical malpractice laws and patient rights.

A claim based on medical negligence will have to establish that the defendant owed a duty of care to the patient as his or her doctor, breached this duty, and caused the patient’s injuries.

Missouri’s fault laws also involve comparative negligence, meaning a courtroom could find you partially responsible for your injuries and reduce your compensation award.

In comparative negligence states, the courts will diminish a plaintiff’s award by an amount equivalent to the plaintiff’s degree of fault. If the courts find you 30% responsible for your injuries, for example, you would receive a settlement or verdict award minus 30% of your claim’s total value. Minimizing your percentage of fault with help from an attorney can help you maximize your award amount.

Do Medical Malpractice Laws Cover My Case?

More than two years must not have passed from the date you discovered your injuries in both Kansas and Missouri. You have a maximum (“statute of repose”) of 10 years in certain cases in Missouri and a maximum of four years in Kansas. An “Affidavit of Qualified Health Care Provider” is also needed to verify that you have a claim in Missouri.

In addition, you may have to undergo a “medical screening panel” in Kansas. The purpose of these requirements is to weed out unfounded claims early in the legal process. A qualified medical malpractice attorney can help you with all of these tasks and burdens of proof.

What Can a Kansas City Medical Malpractice Lawyer Do For Me?

Here at Wendt Law, we know how daunting it can be to file a case against your healthcare professional. It is common for victims to decide not to pursue compensation because they are scared of the stress involved.

In complex medical malpractice cases, your attorney-client relationship is crucial. They are going to be helping you to prove your medical malpractice claims.

The first thing that will happen when you get in touch with a medical malpractice attorney in Kansas City is usually a free consultation and case evaluation. During these initial talks, your malpractice attorney will evaluate your case and decide whether or not it is strong enough to pursue.

If it is, they will talk to you about their fee structure, offer some advice, and arrange for a more formal sit-down where you will start to build your case.

If you agree to representation, your Kansas City medical malpractice attorney will take over all liaising. They will deal with all the parties involved and take the burden off your shoulders.

They will file your paperwork correctly and on time and ensure you meet all dates.

They will also begin their investigation process, speaking to experts and building a strong case on your behalf.

This means you will be able to relax a little bit and focus on dealing with the emotional and physical trauma of the incident.

Once they have evaluated your case, they will work out what they think your claim is worth and calculate a settlement figure. This figure will be worked out by adding up your economic damages and adding the non-economic damage figure they have calculated, and sending it over to the insurance company.

Many cases will settle at this point, and you will pay your lawyer their fees from your settlement figure.

If your settlement is rejected and the other party is not cooperative, your case will move to the courtroom.

At this point, your Kansas City medical malpractice lawyer will use the case they have built for you to convince the court that you deserve the compensation you are seeking.

Contact our Kansas City Medical Malpractice Attorneys Today

At Wendt Law Firm, our legal team is extremely experienced in dealing with a wide variety of medical malpractice, hospital negligence, and personal injury cases.

Call us today for a free consultation and case evaluation, as well as some free advice.

Call us at 816-531-4415.

Medical Malpractice Statistics

Medical malpractice happens more often than most patients want to believe. Mistakes happen every day that put patients’ lives at risk, despite federal laws holding physicians, caretakers, and healthcare facilities to the highest standards in terms of patient care. A Johns Hopkins study showed that medical errors are the third-leading cause of death in the United States, taking an estimated 251,454 lives each year (accounting for almost 10% of all deaths nationally).

Millions of others suffer nonfatal injuries and other damages from medical negligence.

For example, misdiagnosis affects an estimated 12 million patients in the U.S. each year. Studies show that about half of these misdiagnoses have the potential to cause serious patient harm.

The National Practitioner Data Bank shows that the state of Kansas recorded 528 medical malpractice claims in 2016. Claimants received 131 payments for medical malpractice claims in Kansas that year. Missouri reported 942 medical malpractice claims in 2016, resulting in 161 payments to patients.

FAQ: Medical Malpractice Claims

How Much Is a Malpractice Case Worth?

There isn’t a set number that victims can expect to collect from their medical malpractice claims. Instead, numerous factors will determine the amount of compensation the patient can recover.

Factors such as whether the doctor shared known risks with the patient, whether improper treatment was administered, the severity of the patient’s injuries, and the severity of the negligent act will all impact the amount of money they could receive. To ensure they have the highest chance of being awarded a significant medical malpractice payout, the patient must work with an attorney skilled in medical malpractice law.

Can I File a Lawsuit Against the Hospital?

Medical malpractice liability typically falls on the healthcare provider who behaved negligently. However, in situations where a hospital employed a doctor without verifying their credentials, running a background check, or continuing to employ them after issues arose, the hospital could be held liable along with the care provider.

A medical malpractice attorney can advise you on whether you should take action against the professional who treated you, the hospital, or both. You deserve compensation for your injuries if you are injured when a medical professional makes a mistake or because the hospital didn’t perform its due diligence when employing care providers.

Can I Sue if My Doctor Didn’t Tell Me Every Risk of a Procedure?

Successful medical malpractice lawsuits have been filed and won by patients whose doctors failed to communicate the known risks of a procedure. Your doctor has an obligation to tell you about significant risks associated with your treatment. Still, they are not required to go through every single potential risk associated with a procedure.

To prove your doctors failed to live up to the expected standards of professional conduct, you’ll have to prove that a competent medical care provider would have told you the risks your doctor didn’t. You’ll also have to prove that you had a physician-patient relationship with your doctor and that they were the party who had a duty to inform you of the risks.

Do I Report Medical Malpractice?

When you report malpractice, you are helping prevent other people from suffering due to a doctor’s negligence. Reporting negligent behavior is necessary and ensures that care providers are held responsible for their actions and uphold the duties of their position.

Report a care provider who has breached the standard of care to the State Medical Practices Board. If you wish to pursue a claim, you’ll want to schedule a consultation with a lawyer specializing in personal injury or malpractice law.

Can I Only Sue Doctors For Medical Malpractice?

Although you may associate physicians with medical malpractice lawsuits, nearly any healthcare professional you have a doctor-patient relationship with can be sued for medical malpractice. Areas of the healthcare sector that frequently see malpractice claims include:

The Emergency Room

When you visit an emergency room, you are counting on healthcare professionals to treat your injury or illness correctly. Unfortunately, an emergency room’s high-stress and fast-paced work conditions create the ideal environment for mistakes. Since emergency rooms are not traditional hospital facilities, you will likely have a challenging time pursuing compensation for a minor injury.

While standards of care are still applicable, it is assumed that even competent doctors could make minor errors when working with the urgency that emergency rooms require. Claims for severe injuries and mistakes will not be affected by the location where they occurred, however. If you are unsure if your injury is significant enough to pursue compensation for, reach out to a personal injury attorney to discuss the details of your situation.

The Dentist Office

Although dentists aren’t the first medical professionals most people associate with medical negligence lawsuits, they can be sued for malpractice when they fail to provide reasonable care to their patients. Some common reasons dentists may have suits filed against them include the following:

• Failure to diagnose certain conditions
• Failure to properly administer anesthesia
• Failure to acquire informed consent before a procedure
• Failure to provide a referral to a specialist or surgeon if appropriate

Mistakes are also reasons why a claim may be brought against a dentist. For example, even routine tooth extractions can have long-lasting negative effects if performed incorrectly.

Can I Sue for Medical Malpractice If I am Prematurely Discharged From the Hospital?

If you have been discharged prematurely from the hospital, you may be able to bring a malpractice claim against the doctor who released you. Since the doctor will likely try to cite overcrowding or understaffing as their reason for discharging you, you’ll have to prove that a reasonable care provider would not have released you.

To prove that you were discharged inappropriately, you will need an expert witness to testify that a competent doctor would not have found you ready for release in the same situation. Once liability has been placed on the doctor, you may be able to recover expenses for any further care and compensation for your pain and suffering. If your early discharge created issues that impacted your ability to work, you might be able to pursue reimbursement for lost wages.

How Do I Know If I Am a Victim of Medical Malpractice?

Sometimes it can be hard to tell if you are the victim of medical malpractice. Since simply being unhappy with the outcome of your procedure or treatment doesn’t make what occurred malpractice, you may wonder if you should pursue a claim.

When negligence is glaring, it is easy to identify, but more subtle injuries or errors are easy to miss. If you suspect your care provider may have acted negligently, you’ll want to hire a lawyer with experience handling malpractice cases. They will be able to advise you on whether your situation constitutes malpractice.

Let a Lawyer Handle Your Medical Malpractice Lawsuit

Filing a successful claim against a healthcare practitioner requires knowing all the complexities of the rules and regulations governing this area of law. As a result, the average individual will struggle to prove the validity of their claim against a healthcare provider or hospital. Failing to hit any of the markers required to file a malpractice claim will derail your chances of receiving compensation for your injuries.

From finding a credible healthcare professional to act as a witness to collecting evidence, your attorney will handle the legwork and ensure your case is as strong as possible. When you work with a legal professional, you’ll feel peace of mind knowing you have someone pursuing justice on your behalf.

Contact Wendt Law Firm P.C. Today

Don’t let a medical mistake have a lasting impact on your future. Instead, work with a law firm that goes the extra mile to secure the best possible outcome for your case.

Schedule a free consultation with Wendt Law Firm P.C. today by calling 816-531-4415. Make sure you don’t miss your opportunity to seek compensation for medical malpractice.

Additional Medical Malpractice Resources

• Birth Injuries
• Cerebral Palsy
• Emergency Room Negligence
• Misdiagnosis
• Surgical Errors
• Are Birth Injuries Always the Hospital’s Fault?
• Are Errors More Common in Emergency Rooms?
• Can a Hospital Refuse to Treat You?
• Can I File a Medical Malpractice Claim If I Wake Up During Surgery?
• Can I Still File a Medical Malpractice Claim if I Signed a Waiver or Consent Form in Kansas City?
• Can I Sue a Nurse or Other Healthcare Provider for Medical Malpractice in Kansas City?
• How to Prove Medical Malpractice
• Management & Prevention of Birth Injuries
• Is Medical Malpractice Hard To Prove?
• Why Do I Need a Lawyer for a Medical Malpractice Case?
• What Are Common Surgical Errors?
• What Happens If a Surgeon Messes Up?
• What Happens If an Emergency Room Misdiagnoses Me?
• What Is a Birth Injury?
• What Is Emergency Room Negligence or Malpractice?
• What Kind of Expert Witnesses are Typically Used in a Medical Malpractice Case Filed in Kansas City?
• Waking Up During Surgery: Is it Medical Malpractice?
• Emergency Room Negligence: Is it Malpractice?
• What is Medical Misdiagnosis and How Does it Commonly Occur?
• What is NOT considered medical malpractice in Kansas City?
• What Qualifies As a Birth Injury in Kansas City?
• Are Birth Injuries More Common in the United States?
• Is Birth Injury Preventable? Management & Prevention of Birth Injuries
• What is the Difference Between a Birth Injury and a Birth Defect?
• Are There Any Preventive Measures Pregnant Women Should Take to Prevent Birth Injury?
• Why Is Childbirth So Dangerous in the United States?