Have you or your loved one suffered after a doctor’s medical negligence in Kansas City, MO? Bradley Law Personal Injury Lawyers has fought for clients injured by medical negligence for more than 20 years. Contact our law office at (816) 408-3448 to schedule a free case review with a Kansas City medical malpractice lawyer who will help you fight for the compensation you deserve.
Unfortunately, medical error is a common problem that can leave victims with serious, life-long injuries and can even prove fatal. You may be entitled to compensation for the damages you have suffered.
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How Bradley Law Personal Injury Lawyers Can Help with Your Medical Malpractice Case in Kansas City
Patients injured by negligent medical providers face an uphill battle. Physicians often win most medical malpractice cases. Juries typically give medical providers the benefit of the doubt and can be skeptical about medical malpractice claims.
When you are facing an uphill legal battle, you need a team of experienced Kansas City personal injury lawyers prepared to go the extra mile for you. Bradley Law Personal Injury Lawyers was founded by E. Ryan Bradley, a Top 100 Trial Lawyer and a member of the Multi-Million Dollar Advocates Forum. Attorney Bradley has obtained some of the largest verdicts in Missouri history for his injured clients.
When you choose Bradley Law Personal Injury Lawyers to represent you in your Kansas City medical malpractice case, we will put our reputation and legal insight to work for you.
Count our law office in Kansas City, Missouri, to:
- Give you the legal advice, guidance, and support you need at every step
- Investigate your case to determine how you were injured and who was at fault
- Methodically build the strongest evidence-based case possible to prove every element of malpractice
- Work with specialists for expert testimony that supports causation, negligence, and the severity of your injuries
- Negotiate on your behalf with the insurance company to seek a fair settlement offer that compensates you
Bradley Law Personal Injury Lawyers are not afraid to take your case to court to seek the maximum damages you deserve. We will give your case the individual attention and resources it deserves to hold negligent medical providers accountable. Contact our law office today to schedule a free consultation to discuss your case.
How Common Is Medical Malpractice in Kansas City, MO?
A John Hopkins study estimated that medical error is the third leading cause of death in the U.S. It kills an estimated 440,000 people per year, but many more suffer serious injuries.
Almost 30% of all medical malpractice payouts are related to the death of a patient. A further 19% are the result of permanent major injury, and 18% are due to permanent damage.
There were $4.03 billion in malpractice payouts in the United States in 2018. In Missouri, $52.44 million was paid out for 179 cases.
However, malpractice claims are notoriously difficult to prove, and some states have high bars that plaintiffs must overcome. The true scope of medical negligence is likely higher than these numbers suggest. Many examples of medical negligence never result in a case, and many plaintiffs never recover anything from their claims.
What Is Considered Medical Malpractice in Missouri?
Medical malpractice happens when a health care professional causes injury to a patient through a negligent action or omission. Section 383.100 defines a broad range of health care providers who may commit medical malpractice. This list includes physicians, psychologists, pharmacists, dentists, anesthetists, registered nurses, chiropractors, physical therapists, EMTs, hospitals, nursing homes, and more.
It is important to note that a poor medical outcome is not necessarily medical malpractice. It is only malpractice when a medical provider fails to provide the proper standard of care to you and causes an injury.
The following types of medical malpractice are the most common:
- Surgical errors. These are mistakes that happen before, during, or after a surgical procedure. Examples include failing to monitor vitals, operating on the wrong body part or patient, leaving surgical equipment in a patient, and perforating an organ.
- Misdiagnosis or delayed diagnosis. This can happen when a physician incorrectly informs a patient there is nothing wrong with them or diagnoses the wrong condition. Misdiagnosis or delay in diagnosis may cause a patient’s health to worsen or their condition to progress.
- Failure to treat. Medical providers have a duty to provide the proper standard of care when treating a patient. Providing the wrong type of treatment or failing to correctly treat a condition can be serious.
- Prescription errors. Medication errors are estimated to kill up to 9,000 people annually. It may happen when the wrong drug or dose is prescribed or administered. It can also happen when a pharmacist or other provider fails to check a patient’s medical history and prescribes or fills medications that harm the patient.
- Birth injuries. Mothers and infants can be harmed due to negligence during pregnancy, birth, and postpartum. Failing to recognize signs of distress, delays in ordering a C-section, failing to treat a prenatal condition, and improper use of forceps or vacuums are common examples.
Medical negligence can occur in virtually every medical setting, from home care and physician’s offices to hospitals, nursing homes, and rehab facilities.
What Causes Most Medical Malpractice in Kansas City, Missouri?
There are endless ways in which medical malpractice can occur – and many reasons for medical errors. Sometimes the cause of a medical error is never known or cannot be proven.
Common causes of medical mistakes include:
- Fatigue, sleep deprivation, and physician burnout. This is especially common among hospital workers, physicians, and EMTs. Physician burnout is a long-term stress reaction that causes negative attitudes toward patients and lack of empathy. A survey of physicians found that 55% reported symptoms of burnout. Around 10% also reported making at least one major medical mistake in the last 3 months.
- Outdated practices and knowledge. Sometimes medical providers simply do not stay current or use best practices and techniques.
- Carelessness or inattention.
- Miscommunication or a lack of communication between medical professionals.
- Inadequate staff training, understaffing, or unqualified staff
- Failure to properly maintain medical equipment
- Physician bias toward specific health concerns or types of patients. For instance, physicians often do not see past weight. Weight bias can lead to delays in care and negative health consequences when patient complaints are blamed on obesity without further diagnostics or consideration.
- Inadequate follow-up
- Inadequate monitoring during or after a procedure or treatment
Bradley Law Personal Injury Lawyers will carefully investigate your case to determine how you were injured and factors that may have contributed to your injuries. It’s important to seek evidence that demonstrates the cause of the malpractice. Certain factors may carry more weight to strengthen your claim.
What Is My Medical Malpractice Case Worth?
Many factors affect the value of your case. Some damages are easy to calculate, while others have no intrinsic financial value. Some losses like future lost earnings require expert testimony based on predictions and calculations.
Major factors that influence the value of a medical malpractice case are:
- The degree and type of negligence involved
- The severity and type of injuries you suffered
- Whether you suffered disability, impairment, or disfigurement
- Whether your injury is catastrophic
- How your injuries will affect your life in the future
- Whether your case settles or goes to court
In 2018, the average Missouri medical malpractice payout was $292,960. Some cases settle for $10,000 while other cases are worth millions. The only way to determine the value of your case is through a careful assessment during a consultation with a personal injury lawyer.
What Damages Are Available to Medical Malpractice Injury Victims in Kansas City, MO?
A medical malpractice claim, if successful, allows you to recover money for the economic and non-economic damages you suffered.
This may include compensation for:
- Current medical expenses related to your injury
- Future anticipated medical care you will need
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
There is no limit on the amount of economic or financial damages you can recover. However, non-economic damages like pain and suffering have a cap. Missouri caps these non-economic losses at $400,000 for a “non-catastrophic” injury and $700,000 for a “catastrophic” injury. This cap is increased 1.7% per year and was increased to $442,574 for non-catastrophic injuries in 2021.
How Long Do I Have to File a Medical Malpractice Lawsuit in Missouri?
While most professional liability claims have a statute of limitations of five years, there is a shortened deadline to file a medical malpractice claim. In Missouri, you have just two years to file a medical malpractice lawsuit. If you miss this deadline, you lose your right to recover compensation for your injuries.
Contact a Kansas City Medical Malpractice Lawyer for a Free Consultation
Medical malpractice claims are complicated. You have a high hurdle to prove negligence and causation. When a medical professional has caused you injury, it’s crucial to seek legal representation from an injury lawyer who has experience with medical negligence claims.
Contact Bradley Law Personal Injury Lawyers today to schedule a free consultation with a Kansas City medical malpractice lawyer. We will put our decades of experience to work on your case with no out-of-pocket costs.
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