If a physician prescribes you a certain drug or suggests you have a particular procedure done, you trust them to make the right decisions for your body. As a society, we place trust in the highly training medical professionals that help us keep our bodies healthy. But what happens when your doctor gets it wrong? What happens when the drug your physician prescribed was not meant to be taken with another drug you are already on and causes you to fall ill? What do you do when you are misdiagnosed, and that misdiagnosis causes you harm? If these situations sound like yours, you may have a medical malpractice claim. In this blog, our Kansas City medical malpractice attorney discusses the information you need to prove your case.
Understanding Medical Malpractice
In Kansas, a person falls victim to medical malpractice when they are injured as a direct result of medical negligence. Medical negligence is defined as when the medical professional does or does not do something that directly results in the injury or death of their patient. This failure to act is called an omission. When your doctor, nurse or other medical professional commits an omission have breached the standard of care.
Standard of care is defined as the general practices and methods of similarly trained physicians in the area. When providing evidence for a medical malpractice claim, plaintiffs must provide expert witness testimony. Most expert witness statements are provided by doctors from the area who specializes in the same practice of medicine as the defendant. The courts will ask the expert witness questions regarding how he or she would have treated the patient and whether or not they believe the defendant breached the standard of care.
Types of Medical Malpractice
- Fail to Diagnose: If your doctor or other medical practitioner fails to do their due diligence and does not diagnose you correctly. If they had diagnosed you correctly, then it would have led to a better outcome.
- Inappropriate Treatment: If your doctor treated you in a way no other competent medical professional would have and it resulted in injury or death, it could be considered a medical malpractice claim. If your doctor suggested the right treatment but incompetently administered it and injured you, you may also have a claim.
- Failure to Warn of Patient of Risks: Doctors have a duty to inform their patients of any risks associated with treatments or procedures. This duty is called informed consent. If you were not properly informed of the risks regarding the procedure but had you been informed you would have chosen to decline the treatment, you may have a substantial medical malpractice case if you were injured later on.
Statute of Limitations in Kansas
Most states have a statute of limitations that places a limit on how long you have to file your medical malpractice claim. In Kansas, victims of medical malpractice have two years to file their lawsuit. The clock on that time starts running from the date you were harmed for most cases however there are some instances where an injury was not discoverable until later on. If this is the case, your case will start after the injury is discovered.
Interested in Filing a Medical Malpractice Claim?
If you believe you were injured by a negligent medical professional, the first step before you file your claim is to contact an experienced Kansas City personal injury attorney. Our lawyers offer free consultations, and we work on a contingency fee basis, meaning you don’t pay us unless we win your case. Call (888) 398-2277 now to schedule your consultation with a medical malpractice lawyer.