Medical malpractice occurs when healthcare professionals fail to provide the standard of care expected in their field, leading to harm or worsening conditions for patients. The consequences are often profound, leaving individuals and their families to cope with long-term health complications, increased medical costs, and betrayed trust.
At Dollar, Burns, Becker, and Hershewe, we are committed to restoring that trust by holding negligent medical professionals accountable. We understand the pain and frustration that medical errors cause, and we fight diligently to secure the compensation our clients deserve for their suffering and losses. If you believe you or a loved one has been a victim of medical malpractice, let our Kansas City personal injury lawyers help you take the necessary steps toward justice and healing.
Why Choose Our Kansas City Medical Malpractice Lawyers?
- With over a century of legal experience, our attorneys have the knowledge, resources, and expertise necessary to navigate complex medical malpractice claims.
- Medical malpractice can lead to severe and long-lasting damages. Our firm has successfully recovered over $1 billion for our clients and will not rest until you secure a fair settlement.
- We are committed to our clients’ well-being, and many have become lifelong friends. Our firm will continue to provide any support that you need after your case ends.
Common Examples of Medical Malpractice
Medical malpractice can manifest in various forms, each with significant impacts on the patient’s health and well-being. Here are some common examples:
- Misdiagnosis or delayed diagnosis: This happens when a medical professional inaccurately diagnoses a condition or fails to diagnose it promptly, leading to incorrect or delayed treatment.
- Surgical errors: These include operating on the wrong site, leaving surgical instruments inside the body, or performing the wrong procedure. Such errors can result in severe complications or death.
- Medication errors: Prescribing or administering the wrong medication or dosage can cause serious effects, including allergic reactions, side effects, or death.
- Birth injuries: Medical negligence during childbirth can result in injuries to the baby or the mother, such as cerebral palsy or physical trauma.
- Poor follow-up or aftercare: Neglecting to monitor a patient’s progress can lead to complications that could have been prevented with proper follow-up.
- Ignoring or misinterpreting laboratory results: Overlooking or incorrectly interpreting lab results can lead to misdiagnosis or a failure to diagnose serious conditions.
Why You Need a Kansas City Medical Malpractice Lawyer on Your Side
Medical malpractice cases are very complex, often requiring a deep understanding of both the legal and medical fields. Hiring a Kansas City medical malpractice attorney from Dollar, Burns, Becker, and Hershewe can provide you with the support and expertise that you need to navigate your claim.
Our medical malpractice attorneys in Kansas City are experienced in analyzing medical records, consulting with top medical experts, and proving a healthcare provider’s negligence to build a strong case. Leveraging our resources and expertise, we can help establish that the provider deviated from the standard of care and gather critical evidence to prove the malpractice’s impact on your quality of life.
Moreover, medical malpractice claims often involve going against formidable defense teams from large insurance companies or healthcare institutions. Our firm has the resources to match these entities, vigorously advocating for your rights during settlement negotiations or courtroom proceedings. We are always prepared to take your case to trial if necessary.
What Do You Need to Prove to Win a Medical Malpractice Lawsuit?
To win a medical malpractice lawsuit in Kansas City, you will need to gather sufficient evidence that establishes the defendant’s negligence and the harm that you suffered. Specifically, you will need to prove four elements: duty of care, breach of duty, causation, and damages.
- Duty of Care: You must show that a healthcare provider owed you a duty of care, which is a legal obligation to adhere to a standard of reasonable care while treating patients. All healthcare providers owe this duty to patients that they see in a formal setting, such as at a hospital or clinic.
- Breach of Duty: You must prove that the healthcare provider breached this duty through negligence or omission, meaning they failed to adhere to the standards of their profession. In most cases, another medical expert must testify that the defendant’s actions deviated from what a reasonable and similarly trained professional would have done in the same situation.
- Causation: Next, you will need to demonstrate that the breach of duty directly caused your injury or worsening medical condition. This often requires expert testimony to link the provider’s action or inaction to the harm suffered.
- Damages: Finally, you must prove that you suffered actual damages as a result of the breach. This can include physical pain, mental anguish, additional medical bills, and lost wages.
How Long Do You Have to File a Medical Malpractice Claim in Kansas City?
In both Missouri and Kansas, the statute of limitations for filing a medical malpractice claim is generally two years from the date the act occurred or from when the injury was discovered. However, there are exceptions to this rule that might extend the time frame, such as cases involving minors or situations where the malpractice was fraudulently concealed.
- All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, mental health professionals licensed under chapter 337, and any other entity providing health care services and all employees of any of the foregoing acting in the course and scope of their employment, for damages for malpractice, negligence, error or mistake related to health care shall be brought within two years from the date of occurrence of the act of neglect complained of.
Kansas Statutes 60-513. Actions limited to two years.
(a) The following actions shall be brought within two years:
(7) An action arising out of the rendering of or failure to render professional services by a health care provider, not arising on contract.
Contact Dollar, Burns, Becker, and Hershewe for a Free Consultation
Medical malpractice cases not only require an understanding of the law but also the resources and support to guide you through your recovery journey. At Dollar, Burns, Becker, and Hershewe, our attorneys bring both compassion and legal expertise to your case, advocating for your rights every step of the way.
Don’t navigate the legal process alone—trust our medical malpractice lawyers in Kansas City to fight for you. Contact us today at (816) 876-2600 or toll-free at (877) 816-2600 for a thorough evaluation of your case at no cost.
https://revisor.mo.gov/main/OneSection.aspx?section=516.105
https://www.ksrevisor.org/statutes/chapters/ch60/060_005_0013.html