Kansas Medical Malpractice Attorneys

Serving Reno County, Sedgwick County, Saline County, Finney County, Ford County, Seward County, and Ellis County

Have you been injured by medical malpractice? If so, we are so sorry for what you are going through. Such injuries are tragic and have ramifications beyond the immediate pain, discomfort, and stress that comes with them. You are probably also facing financial strain from additional unexpected medical bills. You may also be suffering from a loss of quality of life since the injury, resulting in additional stress and mental anguish over the long term. Read on to learn about what’s involved in a medical malpractice claim, then call our Kansas medical malpractice attorneys as soon as possible. We’ve taken on these cases before and know how to handle them. We want to get you the compensation you deserve.

Determining Medical Malpractice

Medical malpractice is considered to have occurred when a patient receives care that is below what is considered “standard” for medical care. The term “Standard of Care” is not a medical term, but a legal one used most often by lawyers when determining a case of medical malpractice. If you have not received the level of care that can be expected from a medical professional then you may be able to file a medical malpractice claim.

Determining whether or not a medical professional acted in a negligent way when treating a patient is complicated. Not all circumstances will qualify for a medical malpractice case, even if a patient’s condition gets worse or, is incurable. If the medical care provided meets accepted standards and the medical professional acts with skill and integrity in administering a course of treatment, the circumstances may not qualify as negligent.

The complexities involved in determining and building a strong case for medical malpractice make having a competent lawyer on your side a must. Our Kansas medical malpractice attorneys are knowledgeable in these types of cases, and want to fight for your rights. Call us today for a free legal consultation.

Negligence can include a wide range of situations, from being injured by a doctor to not receiving treatment due to misdiagnosis. If you’ve been injured by a medical professional and are considering a malpractice claim, your first step will be identifying the category your injury or accident falls into. Below is a list of types of medical malpractice your case may fall under. All of them have the potential to bring serious physical, emotional, and financial pain.

Surgical mistakes – These include receiving an inaccurate amount of anesthesia, an injury during a procedure, and even a surgeon performing the wrong procedure, or performing it on the wrong body part.

Failure to treat – Whether a medical professional is unaware or has forgotten about a treatment or procedure you should have gotten and would have benefitted from, the omission of a necessary treatment can lead to disaster. Failing to disclose a treatment’s significant risks may also constitute negligence.

Birth Injury – This includes treatment that was not adequate before, during, or after your child was born.

Delayed diagnosis or misdiagnosis – This includes your doctor not diagnosing your condition properly by failing to identify what’s wrong, and may also include diagnosing the wrong condition instead. Both situations result in depriving and delaying the patient of proper treatment.

Medical product liability – This applies when equipment used or implanted during your procedure caused you harm. In such a case, the liable party may be the manufacturer rather than the doctor.

The types of injuries listed above are preventable, and bring with them pain and suffering not only for you, but your loved ones. It’s important not only to call an attorney, but to give as many details as possible when discussing a potential case.

Melinda Young assists people with personal injury matters in the following locations: Buhler, Burrton, Cheney, Garden Plain, Haven, Hutchinson, Inman, Kingman, Nickerson, and Sterling.

Kansas Time Limits for Filing a Medical Malpractice Claim

In Kansas, there is a statute of limitations that limits the period of time you have to file a claim to two years from the date the injury occurred. There is also a four-year time limit on filing a claim in a situation where you may not have known that you’ve been harmed by a procedure. This rule is called a “Statute of Repose.” Though these may seem like long periods of time, even four years can go by quickly if you delay making a decision to reach out to an attorney. If you are considering a medical malpractice claim and have questions about the time window you have to file, contact our Kansas medical malpractice attorneys right away for your free legal consultation. We have the experience and knowledge to answer your questions and guide you through your options.

How You Can Receive Compensation

Your best chance for success in pursuing a medical malpractice claim is to have an experienced attorney by your side. Medical malpractice cases can be complex, especially during a time when you are suffering from your injuries. You need to factor in compensation not only for things like medical bills, lost income, and pain and suffering, but for things like the anxiety and depression that often result from these circumstances. There is also the potential for future loss of companionship and disfigurement, depending upon the type of injury you have sustained. All of these fall into one of two categories of damages.

First, medical expenses and loss of wages are more objective and easier to quantify, as are future costs such as recurring physical therapy, additional surgeries, or counseling. These are considered economic damages, and there is no limit set by the state of Kansas on this type of damages.

Second, things like pain, suffering, mental anguish, anxiety, and loss of companionship are considered non-economic damages. They are less concrete and thus harder to put a value on, but just as crucial to quality of life. In Kansas, there is a cap, or limit on how much compensation can be received for non-economic damages for all types of personal injury claims, including medical malpractice. The limit on these damages is usually dictated by the date on which the injury was sustained:

• $250,000 after July 1, 1988 and up to July 1, 2014
• $300,000 after July 1, 2014 and up to July 1, 2018
• $325,000 after July 1, 2018 and up to July 1, 2022
• $350,000 on or after July 1, 2022

Third, the state of Kansas also makes punitive damages a possibility in cases of medical malpractice, though they are not awarded in wrongful death cases. The limit on punitive damages is $5,000,000 or the injured party’s highest gross income during the five years prior to the medical error, whichever amount is lower. Judges are allowed to exceed the $5,000,000 limit on punitive damages if it can be proven that the liable party financially benefitted when the malpractice occurred.

Why You Need a Kansas Medical Malpractice Lawyer

The challenge of making a successful medical malpractice case against a doctor, hospital, or other medical professional is considerable. Proving the doctor acted with negligence can be tough, and if a medical malpractice case goes to trial, it gets even tougher. This is why it is crucial to have a lawyer experienced in medical malpractice trials to fight for you.

The Role of an Expert Witness

In determining whether medical malpractice has occurred, you will need to show that you received a level of care for a treatment or procedure that was below the expected standard and led to injury. One way that both plaintiffs and defendants support their side of this argument is by calling upon a medical expert witness.

An expert witness for your medical malpractice case would most likely be a local medical professional that specializes in, or is very experienced with the type of treatment or procedure you were injured by. This person’s role in the case is to help establish the “standard of care” expected for your treatment and provide an opinion on whether the care you received was acceptable. The expert witness may offer an opinion about the diagnosis that was made, a procedure that was done, or anything else pertaining to the treatment in question. In short, this person’s role in the case is to show what the doctor should have done but failed to do, and explain this in a way that is understandable to people who are not in the medical field, especially should this information be presented to a jury.

How Much Does a Medical Malpractice Attorney Cost?

If you’re considering a medical malpractice lawsuit, you are probably asking yourself how much a lawyer who can handle such a case costs. Our attorneys work on contingency fee agreements. This means that they only receive payment if they are able to win your case. You do not have to worry about whether or not you can afford our Kansas medical malpractice attorneys. If you have any questions about the cost of a medical malpractice attorney, call us today for your free legal consultation.

Call Our Kansas Medical Malpractice Attorneys for Your Free Legal Consultation

Our medical malpractice attorneys have specific training and skills to handle this complicated area of personal injury. We know how these cases work, and are adept at knowing how to review medical evidence in detail and pull out what is critical to the strength of your case. We also have the resources to access the kind of expert witnesses that these cases rely on.  Don’t wait, wonder, and worry any longer. We want to help. Call today.