Your Kansas City, KS Medical Malpractice Law Firm
Victims of medical error often rely on our Kansas City, KS medical malpractice lawyer from Daniel E. Stuart, P.A for support. People reasonably expect to be provided a high standard of care and put their trust in doctors. But in some cases, doctors greatly disappoint and may leave their patients worse off than when they had come to them in the first place. If this is the current situation for you or a loved one, consider contacting our team right now for immediate assistance. Table of Contents
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Has your medical condition not gotten better or worsened?
Some medical conditions cause people’s health to deteriorate even when provided with the best treatments possible. But, if your injury or illness has not gotten better within the time frame your doctor told you, then something may have gone wrong. Perhaps your doctor misdiagnosed you, so the treatment you are receiving is not effective or has been shown to make matters worse. If your condition suddenly takes a bad turn when starting or during treatment, this is a serious cause for concern.
Is your doctor not hearing your concerns or avoiding answering them?
Not everyone is a medical professional, however, you know your body because you are inside it and have authority over what your experiences are like. It’s not a good sign if your doctor shrugs off your concerns or dismisses them entirely. If you state that you are feeling a certain way, then that is a fact. Your doctor is supposed to be a teammate in your health and should be willing to hear your concerns and talk about what they think is happening and why. As your KS medical malpractice lawyer in Kansas City may explain, a doctor that is quick to disregard a patient’s symptoms or other feelings may fail to order proper testing or commit a misdiagnosis.
Have you received news of an unexpected outcome?
Doctors must inform patients of the risks associated with certain medical treatments, such as surgery, so they can choose what is best for them. However, a patient cannot do that if they weren’t given the information they needed prior to undergoing surgery or treatment. Your doctor should have gone over all the possible complications, both the more common and rare instances. If your health was adversely affected in a way that wasn’t even close to any outcome your doctor had discussed, then it may be a case of uninformed consent.
What You Should Know About Medical Malpractice
Medical malpractice occurs when a doctor or other health care professional does something wrong or cannot do something that he or she should have done, and this causes injury to the patient. For example, a doctor might prescribe the wrong medication or operate on the wrong body part.
If you have suffered harm because of medical malpractice, you may recover damages through our Kansas City medical malpractice attorney. You must prove that your doctor’s actions were negligent and caused your injuries.
Types of Medical Malpractice Cases
There are many different medical malpractice cases, but they all have one thing in common: they involve some negligence from the doctor or other healthcare provider. Medical malpractice does not include mistakes made by patients themselves, such as failing to take prescribed medication or not following post-operative instructions.
There are two types of medical malpractice cases: intentional and unintentional. Intentional medical malpractice is when a doctor knowingly injures a patient through malicious intent. Intentional acts include prescribing drugs with known side effects, failing to diagnose a condition because of a bias against the patient, performing surgery without consent, and performing unnecessary surgery for financial gain.
In contrast, unintentional acts refer to mistakes made by doctors who do not intend to harm their patients but end up doing so anyway because of ignorance or negligence.
Signs That You Should Contact a Medical Malpractice Lawyer
Medical malpractice is a serious matter, and it can lead to lifelong health problems and even death. If you believe that a doctor has committed medical malpractice against you or someone you love, it’s important to speak with an experienced attorney as soon as possible. These are the most common signs that suggest you should contact a medical malpractice lawyer Kansas City:
1. You Feel Like Your Doctor Didn’t Listen To You
You should never feel like your doctor isn’t listening to you or like they ignore your concerns. If this happens, it could be evidence of medical malpractice. A good doctor-patient relationship is important for providing quality care, so if you feel your doctor has failed in this area, it’s time to get help from a Kansas City medical malpractice lawyer specializing in medical malpractice cases.
2. You’ve Been Injured By A Medication Or Procedure That Was Not Prescribed For You
Your physician should only administer if prescribed a prescription medication and use it according to the instructions in its packaging. If any harm has resulted from the use of such a drug or the administration of procedures not intended for your use
These mistakes may be due to a lack of experience on behalf of the physician or less-than-ideal working conditions (such as lack of equipment), which can cause them to make a wrong diagnosis or prescribe the wrong medication. The distinction between intentional and unintentional acts is important because it determines whether a patient can sue their doctor for malpractice.
Why You Need a Medical Malpractice Lawyer
Being diagnosed with a serious medical condition is one of the most devastating things that can happen to a person. While you may be unable to prevent it, you can learn how to protect yourself from being victimized.
If you have been injured or your loved one has died due to medical malpractice, then you need a medical malpractice lawyer. Medical malpractice is any negligence in the delivery of health care which results in harm to the patient. This includes misdiagnosis, surgical errors, medication mistakes, and other types of negligence. Call the Law Office of Daniel E. Stuart, P.A. today to schedule your free consultation.
Common Issues in Medical Malpractice Cases
Medical malpractice cases can be challenging and complex to resolve. These cases require meticulous investigation and expert testimony to establish negligence and secure compensation for the victim. However, several critical problems can arise during medical malpractice cases, hindering justice and impeding the resolution of these lawsuits. There are four key problems that commonly arise in medical malpractice cases.
Burden of Proof
One significant challenge in medical malpractice cases is the burden of proof that rests on the plaintiff. Unlike other personal injury cases, medical malpractice requires proving that the healthcare professional deviated from the standard of care and directly caused the patient’s harm. Proving this link can be difficult because of the complexity involved in treatments and the importance of expert testimony. Proving causation often involves presenting medical records, expert opinions, and analyzing complex medical procedures, making it a daunting task for the plaintiff.
Expert Witness Testimony
Expert witness testimony plays an essential role. These witnesses, typically healthcare professionals in the same field as the defendant, provide opinions on the standard of care and whether the defendant breached it. However, this aspect poses several challenges. Finding qualified and unbiased experts can be difficult, especially in small communities where healthcare professionals may have personal or professional relationships. Furthermore, experts may interpret medical evidence differently, leading to conflicting opinions that complicate the case further.
Medical Complexity and Juries
There are many intricacies which can be overwhelming to jurors involved in malpractice cases. Jurors without medical backgrounds may struggle to comprehend complex medical information, leading to confusion and potential biases. Simplifying medical concepts without oversimplifying the case’s merits is a delicate balance that lawyers must strike during trial. Additionally, the defense may exploit this knowledge gap to cast doubt on the plaintiff’s claims, making it challenging to secure a fair verdict.
Statute of Limitations
The statute of limitations is a short window for medical malpractice cases. This limitation period varies across jurisdictions and typically starts from the date of the injury or the discovery of the malpractice. However, determining when the clock starts ticking can be problematic. In cases where injuries or complications arise years after the initial treatment, the plaintiff may struggle to establish a clear connection between the malpractice and the harm, potentially compromising their legal rights.
Medical malpractice cases present unique challenges that can impede justice for patients who have suffered due to negligent healthcare practices. The burden of proof, expert witness testimony, the complexity of medical information for juries, and the statute of limitations are all critical problems that arise during these lawsuits. Addressing these challenges requires a comprehensive understanding of medical practices, legal expertise, and effective advocacy for the injured party. By acknowledging and seeking solutions to these problems, the legal system can strive to provide fair outcomes in medical malpractice cases and ensure that victims receive the compensation they deserve. Learn more about legal services by contacting a Kansas City medical malpractice lawyer for assistance with your claim.
How To Get A Medical Malpractice Lawyer To Take Your Case
Getting a medical malpractice lawyer to take your case involves a systematic approach to ensure that you find an attorney who is experienced, capable, and willing to represent you effectively. Medical malpractice cases can be complex and challenging, so it’s essential to choose the right legal representation. Here’s a step-by-step guide to help you navigate the process:
Evaluate the Validity of Your Case: Before seeking a medical malpractice lawyer, you should assess whether you have a valid case. Medical malpractice cases involve proving that a healthcare professional’s negligence directly caused your injuries or worsened your condition. Gather all relevant medical records, treatment history, and any evidence that suggests the healthcare provider’s negligence. If you’re unsure about the validity of your case, consider seeking a second opinion from another medical professional.
Research and Identify Potential Lawyers: Look for experienced medical malpractice lawyers in the Kansas City, KS area. You can start by searching online legal directories, law firm websites, or getting recommendations from friends, family, or other attorneys. Focus on lawyers who have a proven track record of handling medical malpractice cases and achieving successful outcomes for their clients.
Check Credentials and Experience: Once you’ve identified potential lawyers, research their credentials, experience, and background. Look for lawyers who specialize in medical malpractice cases and have a deep understanding of the medical and legal aspects involved. Review their educational background, professional affiliations, and any awards or honors they’ve received.
Read Reviews and Testimonials: Online reviews and testimonials from previous clients can provide insights into a lawyer’s communication style, dedication, and overall satisfaction. While individual experiences may vary, positive reviews can help you gauge a lawyer’s reputation and commitment to their clients.
Schedule Consultations: Contact the lawyers you’re interested in and schedule initial consultations. Most lawyers offer free or low-cost consultations where you can discuss your case and ask questions. Use this opportunity to assess the lawyer’s communication skills, understanding of your situation, and their initial assessment of your case’s strength.
Discuss Fees and Payment Arrangements: During the consultation, inquire about the lawyer’s fee structure. Many medical malpractice lawyers work on a contingency fee basis, meaning they only get paid if you win the case. Ensure you understand the percentage they’ll take from your potential settlement or award. Also, discuss other potential costs associated with your case, such as court fees and expert witness fees.
Assess Compatibility: A medical malpractice case can take time to resolve, so it’s crucial to have a good working relationship with your lawyer. Assess their communication style, responsiveness, and whether you feel comfortable discussing sensitive medical and legal matters with them.
Ask About Case Strategy: Inquire about the lawyer’s strategy for your case. A skilled attorney should be able to explain how they intend to prove negligence, gather evidence, and present your case in court. They should also be open to discussing potential challenges and risks.
Request References: If you want additional assurance, you can ask the lawyer for references from previous medical malpractice clients. Talking to these references can provide further insight into the lawyer’s approach and success rate.
Make an Informed Decision: After meeting with several lawyers, carefully evaluate your options. Choose a lawyer who not only has the experience and expertise necessary but also demonstrates a genuine interest in helping you seek justice and fair compensation for your injuries.
Contact Daniel E. Stuart, P.A.
Until meeting with a lawyer, many victims of medical malpractice don’t know for sure whether they have a strong case for a lawsuit or not. The only way to find out your options is to have your situation reviewed by a legal professional who has your best interests in mind. Contact our medical malpractice lawyer in Kansas City, Kansas from the Law Office of Daniel E. Stuart, P.A. today to schedule your consultation.
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. For Guidance
If you believe you or a loved one has suffered due to medical treatment errors, it is important to seek professional advice to understand your legal options. The Law Office of Daniel E. Stuart, P.A. is here to help you evaluate your case and determine the best course of action. Get in touch with us today, and see what a medical malpractice lawyer from our office can do for you.
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