Medical Malpractice
Medical Malpractice Attorney Serving Kansas City, MO
Did you or a loved one suffer from a debilitating personal injury at the hands of a negligent physician or medical professional in Kansas City, Missouri? Are you afraid of voicing out your contempt for the malpractice of these esteemed medical practitioners? Here at Ricket Law Firm, our goal is to let you know your rights regarding these situations. Our medical malpractice attorney in Kansas City, MO will make sure that you are able to hold the negligent party liable.
Based on a 2017 journal article by Studies in Health Technology and Informatics, over 250,000 deaths in the United States are caused by medical errors. This is markedly higher than some of the other developed countries like the UK, Canada, and Australia. In the state of Missouri alone, over $66 million dollars in payouts were released due to medical malpractice lawsuits based on a study from Becker’s Hospital Review.
Why Do I Need a Medical Malpractice Attorney in Kansas City, MO?
Whenever a medical emergency happens, we give our utmost trust to our healthcare workers and physicians to bear the responsibility of taking care of our sick loved ones. But when these medical malpractice cases happen, rest assured that our law office can help you hold these people accountable for their malpractice.
Although a lot of people are afraid to take on these medical corporations, hospitals, and healthcare providers, we at Ricket Law Firm assure you that we are ready to defend you. Our team of skilled medical malpractice lawyers can help you know your rights in these medical negligence cases. Let’s talk about your case, schedule a consultation today!
Which Professionals Are Covered in a Medical Malpractice Claim?
Given that medical malpractice is a version of medical negligence, any health care provider is open to a medical malpractice lawsuit. These include but are not limited to the following professions:
- General Practitioners (GPs)
- Surgeons and other specialists
- Nurses and midwives
- Radiologists and other medical technology professionals
- Chiropractors and physical therapists
- Medical assistants
If any of these individuals caused you undue harm, our medical malpractice attorneys in Kansas City, MO will be able to accommodate your concern. Aside from that, if an institution like the hospital was complicit with medical negligence, then it would also be possible to send a direct claim to them as well.
What are the Most Common Medical Malpractice Injuries in Kansas City, MO?
A list of common medical malpractice injuries is noted below:
- Misdiagnosis/Failure to Diagnose. This malpractice occurs when the disease is not given a diagnosis, OR when the diagnosis is incorrect. These involve fairly common conditions such as cancer, stroke, and heart attacks. Improper diagnosis of these debilitating ailments can lead to worsening conditions for the patient.
- Errors in Surgical Practice. This occurs when improper surgery is done by a physician. These can include operations performed in the wrong location, foreign bodies left inside patients, or improper practices leading to personal injuries like nerve damage.
- Errors in Child Delivery. Errors in child delivery can lead to different cases of birth injury. These include misuse of forceps in delivery, cerebral palsy, and child mishandling.
- Errors in Communication and Informed Consent. These occur when medical professionals fail to update their patients about important patient aspects like consent for important procedures, aftercare procedures, side effects of different drugs, failure rates, and vital information related to the patient’s medical history.
- Errors in Proper Medical Care. These occur when medical professionals neglect important healthcare standards like improper recovery time for patients and negligent monitoring of important markers like vital signs. In some medical malpractice cases, these could lead to serious birth injuries like cerebral palsy for newborns if their oxygen levels are not monitored properly.
- Errors in Proper Medication. These include malpractice cases of improper dosage, usage of the wrong drug for aftercare, or usage of subpar medicines.
- Improper delivery of anesthesia. Given the precision needed in delivering anesthesia, some anesthesia-related errors include errors in dosage, delayed delivery, and failure to monitor anesthetic after-effects.
While medical professionals are considered our main lifesavers, there are medical malpractice cases where unintended actions resulted in personal injury or wrongful death. Various factors can affect a physician’s status, such as physical and mental stress on the professional’s side, or even improper training. If you’ve experienced any of these cases, then you might be eligible for compensatory damages.
While this list is expansive, there are other types of medical malpractice injuries that can happen. If you are unsure regarding your status as a medical malpractice victim, the medical malpractice lawyers in our law office should be able to help you take note of important evidence to properly determine your case.
What Evidence Do I Need to Show in a Medical Malpractice Claim?
Medical malpractice is defined as an act by a medical professional that is not up to the standards of medical care. For a proper claim to be made, the following evidence should be shown:
- The health care provider had a professional relationship with the patient. The incident where the malpractice occurred should be in a professional setting like a hospital, where the provider treated the complainant. Other settings like social gatherings or general advice through the Internet do not count as having a professional relationship.
- The medical practitioner had shown neglect in their duty. The professional or entity did not uphold a proper standard of care. Being disappointed with your treatment does not count towards a proper malpractice suit. For the evidence to be used, the professional must have recommended a different procedure or acted that another doctor would not have reasonably recommended. Our law firm has a number of certified medical malpractice attorneys that will be able to assist you to gather proof to show the unscrupulous actions.
- The malpractice caused severe damage to the patient. Given that patients are usually unconscious or injured at the moment, this part requires assistance from a third-party medical professional. Their goal is to prove the connection between the doctor’s medical negligence to the harm received.
- Harm was indeed suffered by the patient. Once the connection is proven, the complainant needs to supply proof of resulting medical bills, physical or mental damage, or severe distraught resulting from negligent actions.
Enlisting the help of a Kansas City medical malpractice attorney can help you collate this evidence and file a proper claim, following the guidelines stated by the state laws.
What is the Statute of Limitations for Filing a Medical Malpractice Claim?
The statute of limitations law is a system that limits the length of time a complainant has for filing a medical malpractice case within the civil court system. These laws are structures made to protect defendants since it incentivizes plaintiffs to file claims as soon as they are polished. Without these structures, it is possible for complainants to postpone filing their claims until the defending party has potentially lost important details to counteract the claim.
Importance of Immediately Filing a Claim
Given that for medical malpractice cases, the statute of limitations is shorter than in personal injury cases, it is important to submit the claim as soon as possible. With the help of a medical malpractice lawyer, it is possible to submit the claim within a reasonable amount of time after the incident. This is important as filing a late claim may end with a refusal from the court to proceed with the case.
Worse, on the chance that the case is still accepted, the lawyer on the defendant’s side can use the late claim as a refutation against your petition. This can lead to your case being rejected.
Statute of Limitations for Medical Malpractice in Kansas City, MO
In Kansas City, the statute of limitations for filing most medical malpractice cases is two years after the date of injury. But this is only a general rule as different situations can extend this further.
Some examples of exceptions include the following:
- If the negligent act involved the physician leaving a foreign material inside their patient’s body resulting in the subsequent injury, then the complainant has two years from the date of the foreign material’s discovery.
- If the negligent act involved the physician failing to inform the patient of a medical test result which resulted in the subsequent injury, then the complainant has two years from the date of the discovery of the medical negligence.
- If the patient is less than 18 years old when the medical malpractice occurred, they have until they turn 20 to file a medical malpractice action. The two-year period does not apply to this scenario.
Lastly, the Missouri statute of repose serves as the last possible time for complaint filing. The statute gives a complainant 10 years after the malpractice occurs to file a proper claim. After this period, any claim, even valid ones, would not be accepted. Our law firm will help keep you on track so that your claim will be within the statute of limitations.
What is the Procedure for Filing a Medical Malpractice Claim?
In filing a medical malpractice claim, Missouri law states that the filing party needs to send an affidavit of merit within 90 days after a personal injury. The affidavit of merit must include the following:
- The written opinion of a legally qualified health care provider
- Written statement from the health provider pointing to the defendant failing to maintain the standard of care a cautious and sensible medical professional should have been able to uphold
- Written statement from the health provider that the negligent actions led to the under harm that you received, resulting in your filing of the claim
Missouri Revised Statute § 538.225 defines this provider as “licensed in this state or any other state in the same profession as the defendant and either actively practicing or within five years of retirement from actively practicing substantially the same specialty as the defendant.” They will also give their testimonial during the trial.
The Right to Seek a Medical Malpractice Screening Panel
After the claim is sent, Kansas Statute 65-4901 denotes that when the petition is filed in a district court for medical malpractice, the party can ask for a medical malpractice screening panel. The screening panel shall be comprised of these different members:
- A medical practitioner chosen by the defendant or by the person against whom the claim is made if no petition has been filed
- A medical practitioner designated by the plaintiff or by the claimant if no petition has been filed
- A medical practitioner appointed by the plaintiff and the defendant if no petition has been filed
- An attorney selected by the District Court judge from a list of attorneys collated by the judge themselves. The attorney shall be a nonvoting member of the panel but they will act as its chairperson
What Compensation Will I Get from a Medical Malpractice Claim?
If a medical malpractice claim is proven through their evidence, Missouri law states that the victim can be granted compensatory damages, which can include both economic and non-economic damages. Your medical malpractice attorney needs to provide evidence for you to be able to claim your compensatory damages.
The following reasons can allow you to claim damages in Missouri:
- Medical expenses due to the personal injury
- Loss of income
- Resulting disability
- Physical and mental suffering
- Scarring, disfigurement, and resulting mental trauma
- Punitive damages for especially negligent or reckless behavior
Economic Damages
Economic damages correspond to a victim’s financial and economic loss, which includes income loss and medical bills. In Missouri, damages for medical malpractice in wrongful death cases have an upper limit of $350,000.
Noneconomic Damages
Noneconomic damages depend on a lot of factors and are primarily subjective. These can include awards for disfigurement, loss of consortium, and pain and suffering. For these damages, the Kansas Statute 60-1903a limits the valuation for non-monetary losses in wrongful death cases at $250,000.
Lastly, while scarce in Kansas and Missouri, punitive damages are possible to be awarded. These usually involve a more extensive lineup of evidence. In Kansan, this is only considered when there is convincing evidence that there is willful conduct, fraud, or malice in the defendant’s actions.
Schedule an Appointment with a Kansas City Medical Malpractice Attorney Today!
Medical malpractice is sometimes treated with apprehension. Given that a lot of us trust our physicians, it is sometimes hard to point fingers at our lifesavers. But if you feel that grave medical negligence has been done to you or to a person close to you, then you should not be afraid of seeking legal help. It is your right to seek help from professionals, and our legal team Ricket Law Firms assure you that we would take the utmost care with your case.
Our reliable group of attorneys is well-versed in the practice area of medical-related concerns like medical malpractice. These also include other related claims such as nursing home abuse and neglect, home health abuse, and daycare abuse. Given how these medical malpractice cases rely on proper attention to evidence as well as steadfast and immediate action, our attorneys who are experienced in this field would be able to give you immediate and careful consideration.
In the end, our goal as a medical malpractice law office is to allow you to focus on the things that are more important to you. With our partnership, we hope that the civil law procedure should not become another source of stress for you, but rather, an avenue for justice to be served properly. Schedule your consultation today!
