When you walk into a medical office, hospital, or clinic, you put your trust in healthcare professionals to keep you safe and healthy. Most of the time, this happens without a second thought, but sometimes medical errors happen.
An estimated 251,000 deaths occur each year in the United States due to medical errors—making this the third leading cause of death in the US.
Whether it’s due to a missed diagnosis, improper medication dosage, a surgical error, or any other type of malpractice, the consequences of a medical mistake can be catastrophic. If you experienced harm from any of the following, you could be a victim of medical malpractice:
Understanding Medical Malpractice
When a patient suffers harm due to a healthcare provider’s negligence, the law potentially allows them to seek compensation, but the path to doing so is often extremely complex. In Kansas City, medical malpractice claims require careful attention and navigation of both legal and medical matters.
To establish medical malpractice, the victim typically needs to prove four key elements: duty of care, breach of this duty, causation, and damages. Proving these elements often requires an experienced medical malpractice attorney in Kansas City, due to the significant complexity of proving negligence.
Duty of Care and the Breach of This Duty
At the heart of any medical malpractice claim is the legal concept of a “duty of care.” Once a healthcare provider-patient relationship is established, the provider has a legal responsibility to provide medical care that meets the acceptable standard of care.
This means that, given all the available information, the provider must act as a reasonably competent healthcare professional would under the circumstances. When they fail to meet this standard, a breach of duty has occurred.
A breach of duty can occur when a medical professional does not provide care that aligns with established medical standards. It may include making decisions or exacting a treatment plan that is not aligned properly with what other similarly qualified, responsible healthcare providers would do in similar circumstances.
Causation and Damages
Once a duty of care and breach of duty have been established, this breach must then be tied directly to the harm that a patient experienced (causation). A medical malpractice attorney in Kansas City is typically needed to demonstrate that the negligent act (or omission) caused injury, and that this injury resulted in measurable damages.
Damages can fall into 2 broad categories:
- Economic damages: This form of damage can include medical bills, future treatment costs, rehabilitation, and loss of income or ability to earn money.
- Non-economic damages: This form of damage can include pain and suffering, emotional distress, loss of quality of life, and loss of companionship.
In Missouri, non-economic damages in the context of medical malpractice claims are subject to statutory caps, which can vary depending on the severity of an injury.
Missed Diagnosis
A missed diagnosis is when a provider fails to diagnose a condition or diagnoses a condition incorrectly. This can happen when a provider:
- Misinterprets test results
- Does not take medical history into account
- Fails to recognize or properly evaluate symptoms
- Fails to initiate necessary testing or referrals promptly
Delayed Treatment
A delay in treatment is when a provider does not offer timely medical care for a known condition. This can happen when a provider:
- Fails to recognize the urgency of a situation (ex: a patient comes to the hospital with symptoms of a heart attack, but the provider doesn’t prioritize their care)
- Does not order diagnostic tests promptly or delays interpreting the results
- Does not refer a patient to a specialist or other medical professional when needed
- Fails to communicate with other members of the treatment team
Improper Treatment
If a provider does not properly administer treatment that falls within the accepted standard of care, it may be considered medical malpractice. This can happen if a provider:
- Prescribes the wrong medication
- Performs a procedure incorrectly or makes an error during the procedure
- Uses an outdated treatment
- Fails to provide proper follow-up care
- Overlooks warning signs and concerning symptoms
The Importance of an Experienced Attorney
Medical malpractice claims are uniquely challenging because of their highly technical nature. A medical malpractice attorney in Kansas City plays a critical role in these cases by:
- Thoroughly investigating the facts: An attorney will review medical records, interview providers, and work with medical experts to assess whether negligence has potentially occurred.
- Coordinating expert testimony: They will identify and work with qualified healthcare providers who can define the standard-of-care and how it was breached.
- Navigating the procedural hurdles: Experienced attorneys will help victims meet filing deadlines, prepare affidavits, and ensure legal requirements are met.
- Assessing and valuing a claim: Attorneys will calculate both current and potential future damages, as well as non-economic damages, to help their clients seek fair compensation.
- Negotiating with insurers or litigating in court: Advocating for their clients through settlement or trial, depending on what is in the best interest of the client.
Contact Bartimus Frickleton Robertson Rader for a Medical Malpractice Attorney in Kansas City
If you or a loved one was injured due to a medical error, it’s important to know your rights. Bartimus Frickleton Robertson Rader is the trusted name for personal injury attorneys. We deliver answers, accountability, and justice for victims of medical malpractice in Kansas City.
To get in contact with a medical malpractice lawyer today, use our virtual case tool or contact our office at (913) 266-2300 to speak with one of our team members.
The above is not intended to be legal advice. Each individual case is different and must be analyzed on its own set of facts and circumstances. If you believe you may have a case, it is critically important that you timely contact a lawyer to ensure your rights are protected.
