Kansas City Medical Malpractice Attorney

Hollis Law Firm
LEGALLY REVIEWED BY:
Managing Attorney
Last updated on December 18, 2024

A Brief Summary of the Following Page

  • Types of Medical Malpractice: Medical malpractice encompasses misdiagnosis, surgical errors, prescription mistakes, infections, and emergency room errors, each posing risks to patients’ health.
  • Proving Medical Malpractice: Validating a medical malpractice claim involves establishing a doctor-patient relationship, demonstrating a deviation from medical standards, proving causation of injury or illness, and linking damages to negligence.
  • Role of a Medical Malpractice Lawyer: Experienced medical malpractice attorneys possess expertise in medical laws, conduct thorough investigations, facilitate communication with medical experts, and excel in negotiation and litigation to advocate for patients’ rights.
  • Hollis Law Firm’s Support: At Hollis Law Firm, we prioritize patients’ well-being, allowing them to focus on recovery while we advocate for their rights in medical malpractice cases.

In moments of vulnerability, we trust healthcare professionals to provide care that promotes healing and well-being. However, when medical treatment falls short, medical professionals not only break our trust but cause severe pain. Medical malpractice occurs when a healthcare provider deviates from the accepted standards of care, resulting in harm to the patient. From misdiagnoses to surgical errors, these instances can have severe repercussions on a person’s health and quality of life.

At Hollis Law Firm, we understand the challenges you’re facing and are dedicated to helping you navigate the legal complexities associated with medical malpractice cases. Our compassionate personal injury lawyers in Kansas City are here to listen, support, and fight for your rights. We can build a strong case, holding those responsible accountable for their actions.

How to File a Medical Malpractice Claim

Filing medical malpractice claims often requires communicating with insurance companies and business representatives. In most cases, you can file with the appropriate court, but there are some steps you must complete before this.

You must serve a “notice of intent to sue” to the negligent health care provider. This allows the health care provider to review and resolve the claim before it goes to court. Your notice should include facts about the malpractice, the legal basis for your claim, and an affidavit from another medical professional or expert who supports the claim.

If the health care provider fails to respond to your notice within 90 days, you can file your lawsuit with the appropriate California court. You must outline your particular allegations and the damages you seek in your complaint, and the defendant will also receive a copy.

Before you file a claim, we strongly recommend you work with a qualified and experienced attorney. A medical malpractice attorney who serves Kansas City, like one from Hollis Law Firm, will have the skills and resources necessary to lead you down the right path. We can complete and file paperwork, communicate with insurance companies and representatives, and ensure your claim is valued accurately.

Information That Can Help With Your Medical Malpractice Claim

Depending on your circumstances, collecting evidence and other relevant information could be extremely helpful for your claim. However, we acknowledge that some individuals may be unable to search and collect evidence without support. We recommend you organize the following documents if you have them on hand:

  • Medical bills (past, present, and future related to your case)
  • Medical records from health care providers
  • Witness statements
  • Video and photos of the events
  • Name and contact information of any medical practitioners who may have contributed to the medical malpractice
  • Physical evidence
  • Descriptions of your condition

If you cannot collect any of these items, we encourage you to retain a lawyer as soon as possible. Your attorney can join or initiate investigations relating to your case, taking the burden off you while you heal. Hollis Law Firm supports you while you recover and holds the liable parties accountable for their actions.

Medical Malpractice: Understanding the Basics

Medical malpractice occurs when a healthcare professional, such as a doctor or nurse, fails to provide the standard of care that a reasonably competent professional would under similar circumstances, resulting in harm to the patient. This deviation from the expected standard can take various forms, from misdiagnosis and surgical errors to birth injuries and prescription mistakes. Understanding medical malpractice law is crucial for holding healthcare providers accountable for negligent care.

Common types of medical malpractice include the following:

  • Misdiagnosis and failure to diagnose: When a healthcare provider incorrectly identifies a medical condition or fails to identify it altogether, leading to delayed or improper treatment.
  • Surgical errors: Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary procedures.
  • Prescription mistakes: Administering the wrong medication, incorrect dosage, or failing to consider potential drug interactions, resulting in harm to the patient.
  • Infections: Negligence leads to hospital-acquired infections, which can have serious consequences for the patient’s health.
  • Emergency room errors: Mistakes made in emergency situations, including misdiagnoses, delays in treatment, or errors in administering care.
  • Postoperative care mistakes: Inadequate or negligent care after surgery, leading to complications and harm.

When faced with medical malpractice, patients may endure additional medical treatments, emotional distress, and financial burdens. At Hollis Law Firm, we prioritize your well-being, allowing you to focus on recovery while we advocate for your rights.

How to Prove Medical Malpractice

When you’ve experienced medical treatment that left you dissatisfied or harmed, understanding what it takes to prove medical malpractice is crucial. Filing a medical malpractice claim is not an easy process; it involves meeting specific criteria to establish the validity of your case and determine if medical malpractice occurred. The key elements that make a claim valid include the following:

  • Established doctor-patient relationship: To pursue a medical malpractice claim, you must have had a pre-existing relationship with the healthcare practitioner responsible for the harm. This relationship serves as the foundation of the claim.
  • Deviation from medical standards: The core of a medical malpractice case lies in proving that the healthcare provider deviated from accepted standards of medical care or acted negligently. This requires demonstrating that the practitioner’s actions were not in line with what a reasonably competent professional would do under similar circumstances.
  • Causation of injury or worsening of illness: It’s not sufficient to prove that the doctor acted negligently; you must establish a direct link between their deviation from the standard of care and the injury or worsening of your existing illness. This connection is crucial for a valid claim.
  • Damages linked to injury or illness: The final pillar involves showing that the injury or illness caused by medical negligence resulted in measurable damages. These damages can encompass physical pain, emotional distress, and financial costs, such as medical expenses.

Understanding these prerequisites is essential when contemplating a medical malpractice claim.

Types of Medical Malpractice Cases We Handle

At Hollis Law Firm, we handle a wide range of medical malpractice cases, each with its own unique challenges and complexities. Our experienced medical malpractice attorneys are dedicated to helping victims of medical negligence seek justice and fair compensation. Here are some of the types of medical malpractice cases we handle:

Birth Injuries

Birth injuries can have a profound and lasting impact on a child’s life, often resulting in long-term health issues and disabilities. Our medical malpractice attorneys have extensive experience in handling birth injury cases and are committed to helping families navigate these difficult situations. We handle cases involving:

  • Cerebral palsy: A condition caused by brain damage before, during, or shortly after birth, leading to impaired movement and coordination.
  • Erb’s palsy: A type of brachial plexus injury that affects the nerves responsible for arm movement, often resulting from difficult deliveries.
  • Brachial plexus injuries: Damage to the network of nerves that send signals from the spine to the shoulder, arm, and hand, which can occur during childbirth.
  • Birth asphyxia: A condition where a baby’s brain and other organs do not get enough oxygen before, during, or right after birth, leading to potential brain damage.
  • Neonatal injuries: Injuries sustained by newborns due to medical negligence, including fractures, infections, and other complications.

Surgical Errors

Surgical errors can have devastating consequences for patients, often leading to severe complications and prolonged recovery times. Our medical malpractice lawyers are skilled in handling surgical error cases, including:

  • Wrong site surgery: Operations performed on the wrong part of the body, which can lead to unnecessary pain and additional surgeries.
  • Wrong procedure performed: Instances where a patient undergoes an incorrect surgical procedure, resulting in harm and the need for further medical intervention.
  • Wrong patient surgery: Situations where a patient receives surgery intended for another individual, causing significant health risks.
  • Retained foreign objects: Cases where surgical instruments or materials are left inside a patient’s body, leading to infections and other complications.
  • Cerebral damage: Brain injuries that occur during surgery due to negligence, such as improper anesthesia administration or lack of oxygen.

Missed Diagnosis

A missed diagnosis can have serious and sometimes fatal consequences for patients, as it often leads to delayed or incorrect treatment. Our medical malpractice attorneys are adept at handling cases involving missed diagnoses, including:

  • Failure to diagnose cancer: Delays in identifying cancer can result in the disease progressing to more advanced stages, reducing treatment options and survival rates.
  • Failure to diagnose heart conditions: Misdiagnosing or overlooking heart conditions can lead to severe health issues, including heart attacks and strokes.
  • Failure to diagnose neurological disorders: Conditions such as multiple sclerosis, Parkinson’s disease, and other neurological disorders require timely diagnosis for effective management.
  • Failure to diagnose infectious diseases: Infections that are not promptly identified and treated can lead to severe complications and even death.

Compensation in a Medical Malpractice Case

If you or a loved one has been injured due to medical malpractice, you may be entitled to compensation for your damages. Our experienced medical malpractice lawyers at Hollis Law Firm are dedicated to helping you seek justice and fair compensation for your injuries. Here are the types of compensation you may be eligible for:

Economic Damages

Economic damages refer to the financial losses you have incurred as a result of your injuries. These damages are quantifiable and can include:

  • Medical bills: Compensation for past, present, and future medical expenses related to your injury, including hospital stays, surgeries, medications, and rehabilitation.
  • Lost wages: Reimbursement for the income you have lost due to your inability to work while recovering from your injuries.
  • Loss of earning capacity: Compensation for the reduction in your ability to earn income in the future due to long-term or permanent disabilities caused by medical malpractice.
  • Property damage: In cases where medical malpractice results in damage to personal property, you may be entitled to compensation for repair or replacement costs.

Our medical malpractice attorneys will work tirelessly to ensure that you receive fair compensation for your economic damages, helping you to recover and move forward with your life.

The Important Role of a Kansas City Medical Malpractice Lawyer

When faced with the aftermath of medical malpractice, the process can be complex and daunting. Having a skilled Kansas City medical malpractice lawyers at your side is essential in such challenging times.

Expertise in Medical Laws and Standards

One of the primary roles of a medical malpractice lawyer is to possess a deep understanding of medical laws and standards. Navigating the legal landscape surrounding healthcare requires specialized knowledge. Their expertise ensures that your claim is built on a solid foundation grounded in the intricacies of both law and medicine.

Thorough Investigation and Case Building

Medical malpractice litigation demands meticulous investigation and a comprehensive understanding of the medical details involved. A skilled medical malpractice attorney will work with medical experts to scrutinize the circumstances of your case, analyze medical records, and identify deviations from the standard of care. This thorough investigation is crucial in building a compelling case, establishing the negligence of the healthcare provider, and demonstrating the causal link between their actions and your injuries.

Effective Communication With Medical Experts

Communication with medical experts is a cornerstone of a medical malpractice lawyer’s role. These professionals collaborate with expert witnesses who can testify on your behalf, explaining complex medical concepts in a way that is clear and compelling to judges and juries. By effectively translating medical evidence, a lawyer strengthens your case and enhances your chances of a favorable outcome in court.

Skillful Negotiation and Litigation

Whether through negotiation or litigation, a medical malpractice lawyer in Kansas City is adept at advocating for your rights. Many medical malpractice cases are resolved through negotiations, where the lawyer engages with the opposing party to secure a fair settlement. In instances where a resolution cannot be reached, the Kansas City medical malpractice lawyer’s litigation skills come into play, ensuring your case is presented convincingly in court.

What Makes Hollis Law Firm an Excellent Choice for You?

If you are involved in legal matters of any kind, we strongly encourage you to work with an attorney with the correct qualifications and experience. In a medical malpractice case, choosing to retain support from Hollis Law Firm is an excellent choice. Our attorney has the experience and understanding to ensure you are represented fairly and positively. To improve your odds of legal success even further, we can also provide helpful strategies tailored to your needs and circumstances. Our firm has extensive experience in handling medical malpractice suits, ensuring that you are represented fairly and positively.

We encourage you to refrain from representing yourself during your medical malpractice case, as there is a significant risk of making a mistake. Certain mistakes could mean reduced or no compensation for your case, as well as heightened stress, lengthened litigation, and longer recovery time. When you work with a Hollis Law Firm attorney, you can avoid more mistakes and face greater odds of receiving fair compensation. We want to help you heal and recover during this difficult time.

Frequently Asked Questions About Kansas City Medical Malpractice Claims

What qualifies as medical negligence in a medical malpractice claim?

Medical negligence occurs when medical professionals deviate from accepted standards of care, leading to harm. In Kansas City, common examples include misdiagnosis, surgical errors, and prescription mistakes. Proving negligence requires showing that the medical provider’s actions directly caused the injury or illness.

How do medical malpractice lawyers assist in wrongful death cases?

Medical malpractice lawyers play a crucial role in wrongful death cases by investigating the actions of healthcare providers, gathering evidence, and proving that medical negligence contributed to the death. In Kansas City, these cases often involve misdiagnoses, surgical errors, or failure to provide adequate care.

What steps should I take to file a medical malpractice claim in Kansas City?

Filing medical malpractice claims begins with serving a notice of intent to sue to the medical professional involved. This must be followed by gathering evidence such as medical records and expert testimony. A Kansas City medical malpractice lawyer can help ensure all paperwork is filed correctly and deadlines are met.

Can I pursue a medical malpractice claim for a misdiagnosis that worsened my condition?

Yes, a misdiagnosis that leads to delayed or improper treatment may be grounds for a medical malpractice claim. Medical malpractice lawyers will work to show how the medical professional’s actions deviated from standards of care and how this directly caused your condition to worsen.

Contact Our Experienced Medical Malpractice Lawyer in Kansas City

Understanding medical malpractice is crucial for those who have experienced harm due to healthcare provider negligence. It’s a challenging process, and if you find yourself dealing with the aftermath of medical malpractice, know that you have rights and options.

At Hollis Law Firm, we recognize the emotional and physical toll such situations can take on individuals and families. Our commitment is to stand by your side, providing the support and legal expertise needed to seek justice and compensation for the damages you’ve endured. Contact us today to schedule a consultation by calling (800) 701-3672 or completing our contact form.

Author
JASON CHAMBERS, JD
Hollis Law Firm

As the managing attorney at the Hollis Law Firm, Jason Chambers leads complex product liability and personal injury litigations, advocating for clients injured by defective drugs, medical devices, and personal injury accidents. The firm, based in Kansas City, represents victims throughout the Midwest and beyond, offering free consultations to those affected by harmful prescription drugs, defective medical devices, and personal injuries.

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800-701-3672
800-701-3672
800-701-3672
800-701-3672
800-701-3672
Hollis Law Firm
8101 College Blvd, Suite 260
Overland Park, KS 66210