Most, if not all of us, completely and blindly trust the expertise of Kansas healthcare providers. It makes sense that we do, given that we didn't study medicine. Not surprisingly (since humans are imperfect), there are times that medical professionals make mistakes. Unfortunately, some mistakes cause minor injury to you, while others result in death. Sadly, according to statistics, nearly 100,000 American patients die each year because of medical mistakes.
What is medical malpractice?
Our office frequently gets calls where the question of medical malpractice arises. There is, according to Kansas law, a clear difference between a minor medical mistake and medical malpractice. Medical malpractice is where the provider has acted negligently and, because of that, has failed his/her duty of good care to you. Determining whether or not the negligence occurred requires assessing the standard of care expected in the profession (i.e. what would a similarly situated medical professional do in the circumstance).
Simply receiving less-than-perfect medical attention (even where the outcome is unfavorable) is not enough, under Kansas law, to rise to medical malpractice. Contrary to popular belief, medicine is not an exact science. In fact, the law typically treats it as an "art". Meaning practitioners are provided flexibility in how they address each individual's medical concerns.
What to do if you experience medical malpractice?
If you have any question or concern about the care you have received, you should contact our office (CLICK HERE) for a free consultation. Better to get an attorney's opinion than to miss important deadlines (usually two years from the injury/discovery of injury) that could prevent you from later seeking compensation for your injury. Some common injuries are: brain damage, serious infections, paralysis, permanent organ damage, advancement of disease or Cancer, wrongful death, failure to diagnose, etc... Claims for medical malpractice can be brought against a large range of providers, to include (this list is not exhaustive):
What is your medical malpractice claim worth?
Should your provider's action (or lack thereof) amount to negligence, you must have suffered damages. The compensation we seek, for you, will be based on the following types of damages:
Actual damages seek to reimburse you for prior financial losses. There is no cap on the amount you can receive for actual (a.k.a. economic) damages. These damages typically include:
You may also be entitled to general damages. Kansas law, depending on the date of injury, caps the amount you receive for non-economic damages (ex. disfigurement, pain and suffering, etc...) between $250,000 - $350,000. This cap may not apply where a wrongful death occurred or for economic loss (ex. loss of future earning). General damages include the things that can’t be precisely documented in dollars spent, including:
If you, or your loved one, has experienced injury or death, because of medical malpractice, contact us today at 913.602.7288 or complete this FORM. These cases are complex, can be put in front of a panel (where experts must testify for/against your claim) before it advances to hearing and, are usually handled by the provider's lawyer. It's best to have a lawyer fighting for what you deserve. We have recovered tens-of-thousands of dollars for clients just like you.
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