Kansas City Medical Malpractice Lawyers
Count on the Experience of a Kansas City Medical Malpractice Lawyer
You trust your medical professionals to take good care of you when you need it. Unfortunately, mistakes do happen, some of which are preventable. At Yonke Law, our Kansas City medical malpractice lawyers are available to help you determine whether you have a case and help you navigate the challenging process of a medical malpractice lawsuit. Working with a Kansas City medical malpractice attorney means you have the support you need to pursue compensation when you were injured due to medical negligence. Our team of medical malpractice attorneys will evaluate your case and help you decide the best steps toward a successful resolution.
Our Kansas City Medical Malpractice Attorney Handles All Types of Medical Negligence Cases
When you want to work with Kansas City medical malpractice lawyers, you need to find one that specializes in your type of case. At our law firm, we can help you find a:
We will assign you a Kansas City personal injury lawyer who has successfully handled cases like yours, giving you the best chance at getting the compensation you deserve. Our experienced team of Kansas City medical malpractice attorneys will help you prove your case and ensure you get the best possible outcome. We understand how stressful it can be to know your injury was avoidable, which is why we work closely with you to eliminate the stress and help you fight for what is rightfully yours.
What Are the Different Types of Medical Malpractice?
A Kansas City medical malpractice attorney will help clients who have suffered because of different types of medical malpractice. These could include but are not limited to the following.
Many medical malpractice cases are because of misdiagnosis. A doctor might examine their patient, but they may not diagnose the correct illness. They may say that the patient does not have a discernible illness or may say that the patient has a condition that they do not have.
The courts see misdiagnosis as medical malpractice because it stops the patient from getting the treatment they need. If the patient is healthy, a misdiagnosis could mean that they receive treatment they do not need.
The law does not view all incorrect diagnoses as medical malpractice. Medical malpractice only applies if the doctor did not do what another doctor would have done in a similar circumstance with a similar patient. If because of the misdiagnosis a patient is harmed, they may file a medical malpractice suit.
This shares some similarities to a misdiagnosis. In this circumstance, a doctor would initially make the incorrect diagnosis. Later on, the patient receives an accurate diagnosis. However, because there was a delay in the accurate diagnosis, the patient’s condition gets worse and the patient does not get the treatment they need.
In order for it to be considered a delayed diagnosis, the doctor must show less competence than other physicians in a similar circumstance. For example, a doctor may have not ordered testing that could have led to the correct diagnosis. Or the doctor did not notice the signs of the disease in a test, such as a CT scan or x-ray.
Failure to Treat
In these circumstances, the doctor has the right diagnosis, but they don’t recommend sufficient treatment. This could happen because a doctor has a busy schedule and too many patients. They put profit ahead of safety. They don’t treat all of their patients with the basic standard of care. This can also happen if a doctor releases their patient too quickly, does not refer their patient to a specialist, or does not offer follow-up care.
A surgical error can seriously impact an individual’s quality of life. There is the misconception that if a patient signs an informed consent document acknowledging the risk that could happen during surgery, they lose their ability to sue for their injuries. In most cases, this is not true and goes against logic.
Consider this example. A doctor can tell a patient that the possibility exists for them to die during a hand operation. However, this does not mean that the physician can administer too much anesthesia and cause death. Nor does it mean that the doctor may perform a different surgery that leads to the patient’s death.
The following are some surgical errors that might be considered malpractice:
- Leaving medical equipment inside the patient
- Performing unnecessary surgeries
- Performing the wrong procedure
- Incorrectly administering anesthesia
- Using nonsterile surgical instruments
Other forms of medical malpractice could include birth injuries and medical product liability. A Kansas City medical malpractice attorney can work with their client to help them identify the type of malpractice they have suffered and create a strategy for getting the compensation they are due.
Ask a Kansas City Medical Malpractice Attorney: What Steps Should You Take If You or Someone You Know Is Injured Because of Medical Negligence?
Medical malpractice cases can take a toll on the victim. There is a social stigma attached to medical malpractice that can make it difficult to prove a case to a jury. However, there are some things that an individual can do to improve their chances of getting a fair outcome.
- First, change your medical providers by getting a referral. Once your physician knows you are thinking about filing medical malpractice, they might put things into your records that can lessen the chance of your claim being successful. Finding a new doctor can help you avoid this.
- Second, get a copy of your medical records. If you get a copy of your medical records as soon as you realize the incident of malpractice, you can prevent others from altering or tampering with your records.
- Third, continue to get medical care and follow your new medical providers’ instructions. It is important that you maintain your health and wellness. If you keep up with the treatment plan outlined by your new physician, it will make it easier for your attorney to understand the extent of the medical harm that you have received. This is key for a successful medical malpractice case.
- Fourth, journal your injuries and recovery. Do not rely on your memory. Medical malpractice cases can take years to resolve. Journaling this information will help you document things you might have forgotten otherwise.
- Finally, contact a medical malpractice lawyer within the time allotted by the statute of limitations. It is imperative that you act promptly if you feel that you or your loved one is a victim of medical malpractice.
Determining Medical Negligence Damages
An individual injured by medical negligence may recover damages from a variety of sources, including medical bills, lost earnings, and loss of quality of life. If medical malpractice leads to death, the patient’s family might recover damages. These damages are limited by caps set by the state. Your Kansas City medical malpractice lawyer will need to know the details of your case to determine the types of damages you might receive.
Contact an Experienced Kansas City Medical Malpractice Lawyer
If you or someone you love has been injured because of medical malpractice, your first step is to talk to medical malpractice lawyers in Kansas City. An attorney who routinely handles medical malpractice cases has the contacts, legal know-how, and experience to put you in the best position for success.
Your next step is to get copies of your medical records. These are the best evidence in medical malpractice cases. There may be some release forms that you need to sign, allowing your attorney to view your medical records.
You may need to notify healthcare providers and insurers. Your attorney can be a buffer between you and the claim’s professionals. Finally, you will file the medical malpractice complaint by drafting and filing a complaint in civil court.
There are some forms of litigation that a person can do on their own. Medical malpractice is not one of them. If your or a loved one has been the victim of medical malpractice, please contact our Kansas City medical malpractice attorneys today. Let’s discuss your case. The initial consultation is free.
Frequently Asked Questions for Our Kansas City Medical Malpractice Attorney
How Do I Choose the Best Medical Malpractice Attorney in Kansas City?
When choosing a medical malpractice attorney in Kansas City, experience and reputation are vital. It is important to select an attorney who not only understands medical malpractice laws in your area but also has a proven track record of success. As medical malpractice is highly complex, it is beneficial to find an attorney with a wide base of medical knowledge and understanding. When researching medical malpractice attorneys in the area, review their past cases for insight into their capabilities. Additionally, make sure to choose an attorney with whom you feel comfortable working as it is important to establish confidence, trust, and effective communication between you and your legal representative.
What Are the Most Common Medical Malpractice Claims?
At Yonke Law, our Kansas City medical malpractice lawyers understand the complexities associated with medical negligence and personal injury claims. While there are many types of medical malpractice, a medical malpractice lawyer sees certain cases more frequently than others. Some of the most common examples of medical malpractice include misdiagnoses, surgical errors, discrepancies in medication management or its dosage amounts, failure to diagnose or treat an illness or condition in a timely manner, improper follow-up care, and birth injuries. These claims can involve the risk of emotional distress; physical pain and suffering; lost wages; present and future medical bills; and emotional trauma. If a patient believes they may have been a victim of medical malpractice, it’s important to seek legal advice from an experienced medical malpractice lawyer in Kansas City as soon as possible.
What Constitutes Medical Malpractice in Kansas City?
Medical malpractice is a type of medical negligence in which medical professionals, such as doctors and nurses, act in a manner that fails to meet the accepted standards of medical practice. In Kansas City, medical malpractice actions can include negligence ranging from inadequate medical decisions or misdiagnoses to surgical errors and medical mistakes related to medical equipment. If you believe medical negligence has caused harm to you or a loved one, competent legal advice should be sought immediately from a medical malpractice attorney in Kansas City. An experienced legal professional can help review your claim and determine whether you may be able to file a suit for damages related to medical malpractice. Doing so can not only bring financial relief but also recognize the medical professional’s failure to abide by adequate standards of medical care.
What is the Difference Between Medical Malpractice and Personal Injury?
Kansas City medical malpractice lawyers acknowledge that there is an important distinction between medical malpractice and personal injury. Medical malpractice occurs when a doctor, hospital, or healthcare professional fails to provide adequate care and treatment according to accepted standards of practice, resulting in an injury to the patient. Personal injury on the other hand refers to physical injuries sustained as a result of another party’s negligence or reckless behavior. Examples of personal injury may include car accident injuries, Slip and Fall incidents, premises liabilities, and product defect claims. Our medical malpractice lawyers understand the unique elements associated with both types of cases and are committed to protecting victims who have suffered a loss due to negligence.
How Do You Prove Medical Malpractice?
Kansas City medical malpractice attorneys can assist victims in proving a case of medical malpractice. It is important to understand the criteria that must be met prior to filing a claim. Most states require that the patient prove negligence and damages occurred due to the mistake or careless act of a Kansas City medical professional or healthcare facility. The most effective way to do this is to obtain relevant evidence, records, and witnesses for inclusion in the lawsuit. Our medical malpractice attorney will know exactly where and how to find documentation that may prove fault and carelessness on the part of Kansas City medical providers. Bringing together this evidence effectively can ensure the best possible outcome when looking to resolve a Kansas City medical malpractice case.
How long do I have to file a medical malpractice claim in Kansas?
In Missouri, the statute of limitations for filing a medical malpractice claim is two years from the date of the injury or from the date the injury was or should have been discovered, with a maximum limit of three years from the date of the injury. It is advisable to consult a Kansas City medical malpractice lawyer for a more specific and accurate understanding of the laws and time frames in your specific case.
Can I sue a doctor for medical malpractice even if I signed a waiver?
Whether you can sue a doctor for medical malpractice even if you signed a waiver depends on the specific language and terms of the waiver. A waiver is a legal document that acknowledges the inherent risks involved in a medical procedure and releases the doctor or healthcare provider from any liability for any resulting injuries or complications.
However, the waiver may not be valid or enforceable if it was obtained through fraud, or coercion, or if it goes against public policy. It’s important to have a knowledgeable medical malpractice attorney in Kansas City review the waiver to determine its validity and impact on your potential case. In some cases, a waiver may only apply to certain types of injuries or may not apply if the doctor was negligent or engaged in gross misconduct. An experienced medical malpractice attorney can help you navigate this complex issue and determine if you have a valid claim for compensation.
How long does a typical medical malpractice case take to settle?
The duration of a typical medical malpractice case can vary widely, depending on the complexity of the case, the evidence available, the number of parties involved, and the willingness of the parties to settle. Some medical malpractice cases can be resolved in a matter of months, while others may take several years to reach a resolution.
It’s important to work with an experienced medical malpractice lawyer in Kansas City to assess the strengths and weaknesses of your case and develop a strategy for resolving the matter as efficiently and effectively as possible. Your medical malpractice lawyer can help you understand the various options available for resolving your case, including negotiation, mediation, arbitration, and trial. The right approach will depend on the specific circumstances of your case, so it’s important to have a skilled Kansas City malpractice lawyer working on your behalf to help you achieve the best outcome possible.