Medical errors are a leading cause of injury and death in the United States, with serious complications arising in about 7% of hospitalizations. Medical malpractice often leads to severe injuries and even death when patients cannot seek compensation for lost wages or pain and suffering caused by negligent medical treatment.
The U.S. Centers for Disease Control and Prevention estimates that more than 440,000 deaths yearly result from medical malpractice in hospitals alone.
If you or a loved one has been the victim of medical malpractice, you may be entitled to compensation. The first step is to contact a Kansas medical malpractice attorney to discuss your case.
Medical malpractice can take many forms, from errors made during surgery to misdiagnosis of a condition. If you believe you have been the victim of medical malpractice by negligent medical professionals, it is important to speak with an experienced attorney who can help you understand your rights and legal options.
Our medical malpractice lawyers at Peterson & Associates, P.C. have extensive experience handling malpractice lawsuits in Kansas. We understand the complex laws governing these cases and know how to build a strong case on your behalf.
The medical malpractice attorneys at Peterson & Associates have been representing Kansas patients for several years. At our Kansas personal injury law firm, we realize how devastating a medical mistake can be for the victim and their family. Contact us today for a free consultation.
What is Medical Malpractice?
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.
If you or your loved one has been a victim of medical malpractice in Kansas, you have the right to pursue compensation. Our Kansas medical malpractice attorneys at Peterson & Associates, P.C. can ensure you get the compensation you deserve. Contact our Kansas law firm today for a free case evaluation.
Types of Medical Malpractice
There are many different types of medical malpractice that an experienced personal injury attorney can help you with. Some of the most common types of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Anesthesia errors
- Birth injuries
- Prescription errors
If you have been the victim of medical malpractice, it is crucial to speak with a Kansas medical malpractice lawyer as soon as possible. They can help you understand your rights and legal options, and will fight to get you the compensation you deserve.
Contact our Kansas medical practice lawyers at Peterson & Associates, P.C. for a free consultation.
What Do You Have to Prove in a Medical Malpractice Claim?
If you think you have a medical malpractice claim, you may wonder what you will need to prove to win your case. You must show that the health care provider owed you a duty of care. In other words, you will need to show that the healthcare provider was responsible for your care and that they breached that duty.
You must show that the healthcare provider’s breach of duty caused you an injury.
You will also need to show that your injury resulted in damages. These damages can be physical, emotional, or financial. If you have not suffered any harm, you will not be able to collect any damages from the health care provider.
Proving all of these elements can be difficult, so it is important to work with an experienced medical malpractice lawyer who can help guide you through the process and ensure that all of the necessary evidence is gathered.
Process for Filing a Medical Malpractice Claim in Kansas
If you are interested in filing a medical malpractice claim in Kansas, you need to find a lawyer specializing in medical malpractice. Once you have found a lawyer, you must gather all the necessary documentation.
This includes medical records, bills, and any other relevant documentation. After you have gathered the necessary documentation, you will need to meet with your lawyer to discuss your case. If your lawyer believes you have a strong case, they will file a claim on your behalf.
The claim will then be sent to the responsible party’s insurance company. The insurance company will have an opportunity to investigate the claim and decide whether or not to settle it. If the insurance company decides to settle, they will work with your lawyer to reach an agreement. Your case will go to trial if the insurance company does not settle.
Compensation Available to Medical Malpractice Victims
If you or a loved one has been the victim of medical malpractice, you may wonder what kind of compensation may be available to you. A Kansas medical malpractice lawyer can help you understand your rights and legal options, and fight for the compensation you deserve.
Many types of damages may be awarded in a medical malpractice case, including:
- Past and future medical expenses
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Punitive damages
The compensation you may receive will depend on the facts of your case and the severity of your injuries. An experienced Kansas medical malpractice lawyer at Peterson & Associates, P.C. will be able to help you maximize your compensation so that you can get the treatment and care you need.
Who is Liable in a Medical Malpractice Case?
If you’ve been the victim of medical malpractice, you may be wondering who is liable. In many cases, the doctor or hospital may be responsible for the damages. However, there are a few exceptions to this rule. Here’s a look at who may be liable in a medical malpractice case.
- The Doctor: In most cases, the doctor who performed the procedure or provided the treatment that resulted in injury or death will be held liable. This is because doctors are expected to provide a certain standard of care; if they fail to do so, they can be held accountable.
- The Hospital: The hospital where the doctor works may also be held liable in some cases. This is usually the case when the hospital knew or should have known about the doctor’s negligence and did nothing to stop it.
- The Manufacturer: In some cases, the manufacturer of a defective medical device may be liable for damages. The manufacturer may be held responsible if a device malfunctions and causes injury or death.
These are just a few examples of who may be held liable in a medical malpractice case. If you’ve been injured by medical negligence, it’s important to speak with an experienced Kansas medical malpractice lawyer right away.
What You Need to Know About Medical Malpractice in Kansas
If you or someone you love has been the victim of medical malpractice in Kansas, you may wonder what to do next. The first step is to contact a qualified Kansas medical malpractice lawyer who can help you understand your rights and options.
Medical malpractice is a complex area of law, and it can be difficult to navigate on your own. An experienced medical malpractice lawyer will be familiar with the laws in Kansas and can help you build a strong case.
You should know a few things about medical malpractice in Kansas before you start. It’s important to understand that there is a statute of limitations for filing a medical malpractice claim in Kansas. This means you have a certain amount of time to file a claim after the incident.
It’s also important to know that Kansas has a “shared fault” law regarding medical malpractice claims. This means that if you are partially at fault for the incident, your damages may be reduced.
There are caps on damages in Kansas medical malpractice cases. These caps limit the amount of money you can recover for your past and future medical expenses, lost wages, and pain and suffering.
You must contact a Kansas medical malpractice lawyer if you have been the victim of a medical error resulting in injury or illness. A personal injury attorney can help you understand how the laws work in your specific situation so that you can decide whether or not to file a claim.
How to Find the Right Medical Malpractice Lawyer
If you or a loved one has been injured by a medical professional, you may wonder if you have a case. The first step is to speak with a Kansas medical malpractice lawyer to find out. But how do you know if you have found the right one?
Here are some tips:
- Look for experience. When it comes to something as important as your health, you want a lawyer who has handled cases like yours and knows the law’s ins and outs.
- Ask for referrals. Talk to friends, family, and other professionals who may have used a medical malpractice lawyer in the past. They can give you first-hand insights into their experience.
- Meet with several lawyers. This will allow you to get to know them and see if they are a good fit for your case. Be sure to ask lots of questions to make an informed decision.
- Get a feel for their personality. This is one of the most important factors to consider. You’ll spend a lot of time with your lawyer, and you’ll want someone with a personality that suits yours.
- Set realistic expectations. The value of a lawsuit depends on many factors, including the extent of your injuries, the resources available to defendants, and whether you have medical records documenting your condition and impairment.
Questions to Ask a Medical Malpractice Lawyer
You’ve been injured due to what you believe is medical malpractice. You know you need a lawyer, but how do you choose the right one? Here are some questions to ask a medical malpractice lawyer to help you make the best decision.
- How long have you been handling medical malpractice cases?
- What is your success rate in these cases?
- How much experience do you have with the specific type of medical malpractice case I have?
- What will you do to investigate my claim?
- Who will be handling my case?
- How often will I be updated on the status of my case?
- What are the likely outcomes of my case?
- What are your fees, and how are they structured?
- Do you have any experience with cases like mine in Kansas specifically?
Frequently Asked Questions About Medical Malpractice Cases in Kansas
Here are some answers to frequently asked questions about medical malpractice cases in Kansas.
What is medical malpractice?
Medical malpractice is when a healthcare professional fails to provide adequate care and treatment to a patient, and as a result, the patient suffers an injury or death. This can include errors made during surgery, misdiagnosing an illness or condition, prescribing the wrong medication, and other mistakes made by doctors, nurses, and other medical staff.
How do I know if I have a case?
If you or a loved one has been injured due to what you believe is medical negligence, the first step is to speak with a Kansas medical malpractice lawyer. They will review your case and determine whether you have grounds for a claim.
What are the deadlines for filing a claim?
There is a two-year statute of limitations in Kansas for most medical malpractice claims. This means that you must file your lawsuit within two years of the date of injury or death.
What damages are recoverable in a medical malpractice claim?
Damages for medical malpractice include past and future economic losses, past and future non-economic losses, and punitive damages if warranted. Punitive damages are not allowed in all cases; they are only awarded when the defendant’s misconduct was especially egregious.
Statute of Limitations on Medical Malpractice Claims in Kansas
The statute of limitations is the time period in which a medical malpractice claim must be filed. In Kansas, the statute of limitations for medical malpractice claims is two years from the date of the injury or death.
If the injury or death was not discovered until after that period, the claim must be filed within one year of the date of discovery. There are some exceptions to these time limits, so it is important to speak with an experienced Kansas medical malpractice lawyer as soon as possible to determine if you have a claim.
Contact a Kansas City Medical Malpractice Attorney
If you or a loved one has been the victim of medical malpractice, you may be entitled to compensation. The first step is to contact a Kansas medical malpractice attorney to discuss your case.
Medical malpractice can take many forms, from errors made during surgery to misdiagnosis of a condition. If you believe you have been the victim of medical malpractice, it is important to speak with an experienced attorney who can help you understand your rights and options.
The personal injury attorneys at Peterson & Associates, P.C. have extensive experience handling medical malpractice cases in Kansas. We understand the complex laws governing these cases, and we know how to build a strong case on your behalf.
Contact a Kansas medical malpractice attorney today by calling 816-888-8888 for a free consultation. We will ensure you get the justice you deserve.