Medical Malpractice Lawyer Overland Park, KS
If you suffered injuries while under the care of a medical professional, you may want to speak to a medical malpractice lawyer in Overland Park, KS. What happened to you wasn’t fair and you deserve to be fairly compensated. A lawyer can help you pursue a claim and ensure that your rights are protected.
Common Types of Medical Malpractice Cases
When you are sick or injured, you go and see a doctor and expect to come out feeling better. Unfortunately, however, it does not always work out like this. Sometimes doctors and other medical professionals can make mistakes that cause serious injuries to patients. Here are some common types of medical malpractice cases.
- Medication errors. Medications can treat numerous illnesses these days and give patients a higher quality of life. However, if these medications are administered correctly, it can lead to harmful side effects. For example, if a doctor failed to ask a patient about allergies and the patient suffered an allergic reaction after taking the medicine, the doctor may be found liable. Doctors can also prescribe the wrong dosage or not give proper instructions on how to use the medication.
- Surgical errors. With all the advances in surgical procedures, patients nowadays can live longer and better lives. However, if surgical staff are negligent, mistakes are more likely to occur. Surgical errors include leaving surgical instruments inside the body, operating on the wrong body part, and failing to monitor a patient after surgery.
- Misdiagnosis. As a medical malpractice lawyer in Overland Park, KS can confirm, many medical malpractice cases result from misdiagnosis. If a doctor mistakes your illness for a different one, you won’t get the treatment you actually need. Your condition can progress and become more difficult to treat.
- Anesthesia errors. Anesthesia is necessary for patients to feel comfortable during surgical procedures. If the anesthesia isn’t administered correctly, though, patients can experience severe complications. For instance, if not enough anesthesia is administered, the patient could wake up in the middle of surgery and feel pain.
What Are The Different Types Of Medical Malpractice
Medical malpractice refers to situations where a healthcare professional’s negligence or failure to provide a reasonable standard of care results in harm to a patient. Different types of medical malpractice might include:
- Misdiagnosis or Delayed Diagnosis: If a healthcare provider fails to correctly diagnose a condition in a timely manner or misdiagnoses it altogether, the patient could suffer significant harm due to delayed or incorrect treatment.
- Surgical Errors: Mistakes made during surgery, such as wrong-site surgery, leaving surgical instruments inside the patient, or performing unnecessary procedures, can lead to serious complications and harm.
- Medication Errors: This type of malpractice involves mistakes in prescribing, administering, or monitoring medication. Errors might include wrong dosages, incorrect medications, or drug interactions.
- Birth Injuries: Negligence during childbirth can result in injuries to the mother or the baby. Examples include cerebral palsy, brachial plexus injuries, and other birth-related complications.
- Anesthesia Errors: Errors involving anesthesia administration can lead to serious injuries, including brain damage or death. Administering too much or too little anesthesia can have dire consequences.
- Failure to Obtain Informed Consent: Healthcare providers are required to inform patients about potential risks and benefits of a procedure or treatment. Failing to do so can lead to claims of medical malpractice.
- Neglect or Inadequate Care: Patients in hospitals or nursing homes may suffer harm due to neglect or inadequate care, leading to bedsores, infections, or other preventable complications.
- Medical Record Errors: Inaccurate or incomplete medical records can lead to incorrect diagnoses, treatment errors, and other harmful consequences for patients.
- Lack of Communication: Poor communication among healthcare providers can lead to misunderstandings, mistakes, and compromised patient care.
- Equipment or Facility-related Errors: Malfunctions or improper use of medical equipment, as well as unsafe facilities, can result in patient harm.
Remember, each case is unique, and the determination of medical malpractice involves complex legal and medical considerations. If you believe you or someone you know has been a victim of medical malpractice, Contact The Law Office of Daniel E. Stuart, P.A. for a consultation.
Common Damages for Medical Malpractice Victims
If you’re a victim of medical malpractice, you may be eligible to receive numerous damages, including:
- Medical costs
- Lost wages
- Pain and suffering
- Emotional distress
- Disability
If you are considering filing a medical malpractice lawsuit, you may want to schedule a consultation with a medical malpractice lawyer in Overland Park, KS like those at the Law Office of Daniel E. Stuart, P.A. today.
What damages can I seek in a medical malpractice claim?
In a medical malpractice claim in Overland Park, Kansas, as in most jurisdictions, there are several types of damages that you may be able to seek if you can prove that a healthcare provider’s negligence led to harm. Keep in mind that the specifics of damages and the legal process can vary, so it’s important to consult with a legal professional who specializes in medical malpractice cases to understand your situation fully. Here are the common types of damages you might seek:
- Compensatory Damages: These are damages meant to compensate you for the harm you suffered due to the medical malpractice. They can be further divided into two categories:
- Economic Damages: These are tangible, quantifiable losses, such as medical expenses (past and future), rehabilitation costs, lost wages, and other financial losses directly resulting from the malpractice.
- Non-Economic Damages: These are more subjective damages that don’t have a clear financial value, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (loss of companionship and support from a spouse).
- Punitive Damages: In certain cases, punitive damages might be awarded. These are meant to punish the defendant for particularly egregious behavior and to deter others from engaging in similar conduct. However, punitive damages in medical malpractice cases are rare and often subject to legal limitations.
- Wrongful Death Damages: If the medical malpractice results in the death of the patient, the surviving family members may be able to seek damages for the loss of financial support, loss of companionship, funeral and burial expenses, and other related costs.
- Loss of Future Earnings: If the malpractice leads to permanent disability or impairment that affects your ability to earn a living, you may seek damages for the loss of future earning capacity.
- Medical Expenses: This includes not only past medical expenses related to treating the harm caused by the malpractice but also anticipated future medical costs that are necessary to manage the consequences of the malpractice.
- Rehabilitation and Therapy Costs: If you require ongoing rehabilitation, therapy, or other forms of medical care to recover or manage your condition, you may seek compensation for these costs.
- Diminished Quality of Life: You can seek damages for the negative impact the malpractice has had on your overall quality of life, including any limitations on your ability to perform daily activities or enjoy hobbies.
- Emotional Distress: Damages can be sought for the emotional distress, anxiety, depression, and other psychological impacts resulting from the malpractice.
- Loss of Consortium: This refers to damages claimed by a spouse for the loss of companionship, intimacy, and support due to the malpractice.
- Pain and Suffering: Compensation for the physical pain and emotional suffering you experienced as a result of the malpractice.
It’s important to note that each case is unique, and the types and amounts of damages that can be awarded will depend on various factors, including the severity of the harm, the extent of negligence, and the evidence presented. Consulting with The Law Office of Daniel E. Stuart, P.A. will help you understand your specific circumstances and navigate the legal process to seek appropriate damages.
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