Kansas City, KS Medical Malpractice Lawyer

When you visit a healthcare provider, you trust them with your health and well-being. Unfortunately, when a doctor, nurse, or hospital fails to meet the accepted standard of care, the results can be devastating. If you or a loved one has been harmed due to medical negligence, I am here to help. At The Law Office of Daniel E. Stuart, P.A., I have extensive experience handling medical malpractice claims and will fight for the justice you deserve.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional’s negligence leads to patient harm. This could involve an incorrect diagnosis, surgical error, or improper medication administration, among other issues. Proving medical malpractice requires showing that the healthcare provider failed to meet the accepted standard of care, and that this failure directly caused your injury or worsening condition. I will thoroughly investigate your case, work with medical experts, and build a strong claim to support your right to compensation.

Types of Medical Malpractice Cases We Handle

Medical malpractice can take many forms, and it’s essential to understand what might qualify as malpractice. Some of the most common types of cases I handle include:

• Misdiagnosis or Failure to Diagnose: When a doctor fails to identify a condition like cancer, stroke, or heart disease, it can delay critical treatment and lead to severe consequences. Misdiagnosis or delayed diagnosis can result from ignoring symptoms, not conducting necessary tests, or failing to follow up with the patient.

• Surgical Errors: Surgical errors can range from operating on the wrong body part to leaving surgical instruments inside a patient. These mistakes can lead to infection, internal bleeding, and permanent injuries.

• Medication Errors: Medication errors involve administering the wrong dosage, prescribing incompatible drugs, or giving the patient the incorrect medication altogether. These errors can cause adverse drug reactions, complications, and even death.

• Birth Injuries: Birth injuries can occur when a healthcare provider fails to respond to complications during delivery, improperly uses delivery tools, or does not provide adequate care to the newborn or mother. Conditions like cerebral palsy, Erb’s palsy, and brachial plexus injuries are some of the most common birth injuries caused by negligence.

• Anesthesia Errors: Anesthesia errors include administering too much or too little anesthesia, failing to monitor the patient’s vital signs, or not considering patient allergies. These errors can result in brain damage, stroke, and even death.

• Hospital Negligence: Hospitals have a duty to ensure that patients receive competent care. When administrative errors, unsanitary conditions, or failure to supervise medical staff lead to patient harm, the hospital can be held liable.

Compensation in Medical Malpractice Claims

Victims of medical malpractice can seek compensatory damages to cover their economic and non-economic losses. Economic damages include medical expenses, rehabilitation costs, lost wages, and any future medical care required as a result of the malpractice. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

In some cases, punitive damages may also be awarded. Punitive damages are intended to punish the healthcare provider for gross negligence or willful misconduct. Although these are rare in medical malpractice cases, I will pursue every available avenue of compensation for you.

How I Prove Medical Malpractice

Proving a medical malpractice claim is complex and typically requires expert testimony to establish the standard of care. To build a strong case, I will work with qualified medical professionals who can testify that the healthcare provider’s actions deviated from the standard of care. The key elements to proving a medical malpractice case include:

1. Duty of Care: Establishing that the healthcare provider owed you a duty of care.
2. Breach of the Standard of Care: Demonstrating that the healthcare provider’s actions fell below the accepted standard of care.
3. Causation: Proving that the breach directly caused your injury or worsened your condition.
4. Damages: Showing that you suffered harm or financial losses as a result of the malpractice.

I will gather all necessary evidence, including medical records, expert opinions, and witness statements, to support your case.

Why Choose The Law Office of Daniel E. Stuart, P.A.?

Handling a medical malpractice case requires extensive knowledge of both legal and medical issues. With years of experience representing clients in Kansas City and the surrounding areas, I have a deep understanding of what it takes to win these cases. Here’s why clients choose me:

• Personalized Attention: I understand the emotional and financial toll that medical malpractice can have on your life. I provide personalized attention and compassionate representation to each client.

• Extensive Resources: I have access to a network of medical experts who can provide crucial testimony in your case. I will not hesitate to use every resource at my disposal to build a strong claim.

• No Upfront Fees: I work on a contingency fee basis, which means you won’t pay any legal fees unless I recover compensation for you. You have nothing to lose and everything to gain by contacting my office for help.

Statute of Limitations for Medical Malpractice in Kansas and Missouri

In both Kansas and Missouri, there are strict deadlines for filing a medical malpractice lawsuit. In Kansas, the statute of limitations for medical malpractice is generally two years from the date of the injury or when the injury should have been discovered. However, there are exceptions for cases involving minors and certain types of injuries.

Missouri also has a two-year statute of limitations but allows for exceptions in specific circumstances, such as cases involving foreign objects left in the body or where fraud is involved. If you miss these deadlines, you may lose your right to pursue compensation. I will ensure your case is filed promptly and correctly, protecting your legal rights.

Common Defenses in Medical Malpractice Cases

Healthcare providers and their insurance companies often defend against medical malpractice claims by arguing that the provider’s actions did not cause the injury or that the injury was a result of an unavoidable medical condition. Another common defense is arguing that the patient’s own actions contributed to the harm.

I am prepared to counter these defenses with evidence and expert testimony that clearly establish the healthcare provider’s negligence. My goal is to hold the responsible party accountable and secure the maximum compensation for your injuries.

Medical Malpractice FAQs

When medical treatments don’t go as planned, your medical malpractice lawyer can help you get the compensation you deserve. At the Law Office of Daniel E. Stuart, P.A., we have over 57 years of combined experience with claims related to medical treatment errors. Here, we provide answers to some common questions about pursuing such claims.

How Can I Tell If My Medical Treatment Errors Qualify For Legal Action?

Determining if a medical treatment error qualifies for legal action involves assessing whether the healthcare provider’s actions deviated from the accepted standards of medical practice and caused harm. Not all unfavorable outcomes are due to malpractice; they must stem from a provider’s negligence or failure to act competently. Your medical malpractice lawyer will work with medical professionals to evaluate your case, comparing your treatment with acceptable medical standards to identify any deviations that might have resulted in harm.

What Types Of Compensation Are Available In Cases Of Medical Negligence?

In cases of medical negligence, compensation can broadly be categorized into economic, non-economic, and sometimes punitive damages. Economic damages cover the costs of additional medical treatment, rehabilitation, lost wages, and loss of earning capacity. Non-economic damages compensate for pain, suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

How Does An Attorney Establish Fault In Cases Where Medical Treatment Went Wrong?

Establishing fault in medical malpractice cases involves demonstrating that the healthcare provider breached their duty of care to the patient. Your attorney will need to prove that the provider’s actions were not in line with the standards of care practiced by similar professionals in the same field, under similar circumstances. This usually requires the testimony of medical specialists in the same field as the defendant, who can speak to what a competent healthcare provider would have done under the conditions that applied at the time of treatment.

What Evidence Is Most Crucial In Proving Negligence In Healthcare?

The most crucial evidence in proving negligence in healthcare includes comprehensive medical records, professional testimony, and documentation of the patient’s condition before and after the incident. Medical records are vital as they contain detailed reports of the patient’s treatment, doctor’s orders, nursing notes, and diagnostic results, all of which are examined to understand where the standard of care was not met.

What Is The Legal Process For Handling Claims Of Poor Medical Treatment?

The legal process for handling claims of poor medical treatment typically starts with an investigation into the medical records and the circumstances surrounding the incident. Once sufficient evidence is gathered, your attorney may file a lawsuit against the healthcare provider and possibly their employer. The process will likely involve discovery, where both sides exchange information, take depositions, and gather further evidence.

Contact The Law Office of Daniel E. Stuart, P.A.

If you believe that you or a loved one has been a victim of medical malpractice, don’t wait to seek legal assistance. Contact my office today for a free consultation. I will review your case, answer your questions, and help you understand your legal options. Let me fight for the justice and compensation you deserve.