Kansas City Medical Malpractice Lawyers
Holding Medical Professionals Accountable for Negligence
Our Kansas City medical malpractice lawyers know how to hold careless doctors, nurses, or facilities accountable when they injure their patients. Claims in this field tend to be complex, and patients can expect intense pushback from the defendants. Your lawyer must be prepared for these challenges. Our attorneys at DM Injury Law have helped many patients fight complex claims and secure fair compensation and justice.
Contact us today to schedule a free consultation. We are a contingency-fee-based medical malpractice law firm in Kansas City, which means you don’t pay a cent unless we win your case.
Call (816) 888-7500 or contact us online today for a free consultation.
What Is Medical Malpractice?
Medical malpractice is when a patient is harmed because their medical providers do not give proper medical care. A doctor is legally responsible for providing appropriate care in any doctor-patient relationship. When this agreement is breached, and there is an injury, the patient may be entitled to compensation for the incident.
Types of Medical Malpractice Injuries
There are many ways that doctors and nurses do not uphold the standard level of medical care that they should. From diagnosing the wrong disease to making a surgical mistake, misreading a chart, or leaving equipment inside your body, any error made can be life-changing or even fatal.
Some of the most common medical malpractice mistakes include:
- Birth injuries
- Surgical errors
- Prescription mistakes
- Wrongful death
- Infections
- Emergency room errors
- Postoperative care mistakes
- Misdiagnosis
- Failure to diagnose
From the additional care you must receive to treat your medical injuries to the physical and emotional toll of suffering at your doctor’s hands, our medical malpractice attorneys in Kansas City understand the stress and hardship you are facing. DM Injury Law puts your needs first, letting you focus on your recovery while we fight for the justice and compensation you deserve.
What Needs to Be Proved in Missouri and Kansas Medical Malpractice Claims?
To prove a medical malpractice case, you need to show that another qualified doctor in the same situation would have acted differently. You also must connect your injuries to your provider’s negligence directly. Doctors might use their expertise and reputation to argue that your injuries weren’t their fault, which is why you need a knowledgeable medical negligence lawyer in Kansas City to represent you.
To win a medical malpractice claim, the following factors must be proven:
- Duty of Care: The first step in a medical malpractice case is proving that the healthcare provider had a legal responsibility to provide care to the patient. This means providing proof that a doctor-patient relationship existed.
- Breach of Duty: Once a duty of care has been established, you must show that the providers did not meet the expected standard of care. This involves proving that their actions (or inaction) deviated from what a competent provider would have done in a similar situation.
- Causation: You must also demonstrate that the breach of duty directly caused your injury. It’s not enough to show that the doctor made a mistake; you have to prove that it led to your injury.
- Damages: Finally, you need to prove that the injuries you suffered resulted in specific damages, such as medical expenses, lost income, or pain and suffering. These damages are essential to justify compensation.
Who Can I Hold Responsible for Medical Negligence?
When receiving care for an injury or illness, you trust all of the medical providers with your well-being. As professionals, they’re expected not to neglect what you need. When you receive an injury while being treated, there are numerous parties that could be responsible. Here are the most common:
- Doctors: The primary party in most malpractice cases is the physician or surgeon who directly provided your care. If their actions fell below the accepted standard of care, they could be held liable.
- Nurses and Medical Staff: Nurses, anesthesiologists, and other medical staff involved in your treatment can also be held responsible if their negligence contributed to your injury.
- Hospitals or Medical Facilities: Hospitals, clinics, or nursing homes may be held liable if the negligence resulted from systemic issues, such as understaffing, inadequate training, or failure to supervise employees.
- Pharmacists: If a pharmacist makes an error in dispensing medication, they could be held responsible if that mistake causes harm.
- Medical Device Manufacturers: In cases where a faulty medical device caused injury, the manufacturer of the device may be held accountable for providing a defective product.
- Specialists or Consulting Doctors: Any other doctors or specialists who were consulted or involved in your treatment may also bear liability if their advice or treatment was negligent.
It’s important to speak to an attorney so you can figure out who to hold responsible. Not only does DM Injury Law have expert Kansas City medical mistake lawyers on staff, but we also have a team of investigators, medical record specialists, and case managers who assist in making your case as in-depth as possible.
Call (816) 888-7500 for a free consultation.
What Compensation Can I Receive for Medical Malpractice Claims in Missouri and Kansas?
In personal injury cases like medical malpractice, you may be able to receive economic and non-economic damages (compensation) for your injuries.
Economic Damages
As a victim, you may be able to seek compensation for:
- Current and future medical bills
- Rehabilitation and therapy
- Long-term care
- Future lost wages
- Funeral and burial costs (if the accident resulted in wrongful death)
Non-Economic Damages
As a victim, you may be able to seek compensation for:
- Pain and suffering
- Loss of companionship
- Trauma
- Loss of independence or enjoyment of life
- Disfigurement
According to Kansas statutes, as of July 1, 2022, the payout cap for non-economic damages is $350,000.
According to Missouri statutes, patients can receive up to $450,098 or $787,671 if the injury is catastrophic.
Speak to a Kansas City malpractice attorney today to get a full understanding of how much you are able to seek damages after a medical mistake.
Medical Malpractice Statute of Limitations in Missouri and Kansas
Missouri
In Missouri, the statute of limitations for medical malpractice claims is 2 years. However, there are a few exceptions:
- Minors: If the injured party was under the age of 18, they have until their 20th birthday to file a medical malpractice claim.
- Discovery of Injury: The discovery rule pauses the two-year time limit and only starts when the injury is found or should have been found. However, you have a maximum of 10 years to discover the injury.
Kansas
In Kansas, the statute of limitations for medical malpractice claims is 2 years. However, there are a few exceptions, similar to Missouri:
- Minors: If the injured party was under the age of 18, they have until they are 18 plus 2 years birthday to file a medical malpractice claim.
- Discovery of Injury: The discovery rule pauses the two-year time limit and only starts when the injury is found or should have been found. In this case, the statute of limitations may be extended.
- Defendant Leaves Kansas: The statute of limitations stops running if the defendant leaves Kansas or goes into hiding.
DM Injury Law Is Home to Expert Lawyers for Medical Malpractice in Kansas City
At DM Injury Law, we believe you should be able to trust medical professionals with all of your concerns. When providers have abused your trust, you have the right to hold them accountable.
Contact our Kansas City medical malpractice attorneys to schedule a free consultation. You don’t pay a dime unless we win your case.
Call (816) 888-7500 or contact us online today for a free consultation.
Past results obtained on behalf of clients afford no guarantee of future results, and every case is different and must be judged based on its own merits.
