Medical Malpractice Lawyers in Kansas City
Our Medical Malpractice Lawyers Are Your Voice In & Out of the Courtroom
Doctors, nurses, and other health care providers are responsible for the
health and safety of their patients. According to the law in our state
and most other states, health care providers are professionally negligent
if they fall below what is known as the "standard of care."
While we all need doctors and pharmaceutical companies to provide us with
life-saving medical care and medication, such doctors and companies must
be held accountable if they act in ways that cause unnecessary harm to
- Examples of medical malpractice include, but are not limited to, the following:
- Failure to diagnose
- Birth injuries
- Surgical mistakes
- Nursing errors
- Hospital/ER negligence
At Bertram & Graf, L.L.C. the goal of our
Kansas City injury lawyers is to obtain fair compensation for our clients to cover the damages incurred
by the extent and severity of their injuries. There are a variety of ways
in which a person can suffer injuries or death at the expense of medical
Medical Errors Due to Miscommunication
Poor communication can affect many situations, but in the medical field,
it can be downright deadly. Communication is key in medicine, especially
between patients and doctors. Good communication can facilitate better
treatments, healthier patients, and faster care, while poor communication
often leads to injuries and medical malpractice claims.
Here are three ways that poor communication can lead to a medical malpractice claim:
Vital Information Isn't Communicated - When a patient is in the care of medical staff, they trust that vital
information about their treatments, surgeries, medication, therapies,
diet, and other needs are being passed to the appropriate person. When
this communication doesn’t happen or isn’t effective, patients
can pay for these mistakes. Some errors can cause mere discomfort or confusion,
but communication errors have the potential to cause serious harm to patients.
Patients rely on top-notch communication, since their life may hang in
Patients Must Give Informed Content - Consent is critical in medical care, both for ethical and legal reasons.
Patients should fully understand and consent to every aspect of their
care, including medications and treatments. A physician needs to know
how to effectively communicate with patients and ensure that they understand
their conditions or injuries, the treatments and medications that are
being recommended, and the expected outcomes of these treatments. When
doctors don’t take the time to go over these things or open a dialogue
with their patients about their care, it can lead to patient confusion
and medical malpractice claims.
Patients Don't Feel Heard - Communication is a two-way street, which means it is critical for doctors
to not only ensure their patients understand, but also to ensure they
understand their patients. Often, patients can provide information that
is critical to their care. Even if they have no critical information,
patients who feel listened to and respected often are more satisfied with
the outcomes of their treatment. For healthcare providers, satisfied patients
are key to preventing medical malpractice cases.
It can be a challenge for busy medical personnel to pass along all the
information they need to and ensure it’s done effectively, but the
consequences can be deadly if they fail. It is the responsibility of healthcare
providers to facilitate effective communication between members of the
treatment team and communication with the patient.
Do You Have a Medical Malpractice Claim?
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
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.
- Failure to Meet the Standard of Care Examples:
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.
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.
How Long Do You Have to File a Medical Malpractice Lawsuit?
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.
Why You Should Choose Bertram & Graf, L.L.C. to Represent You
Medical malpractice cases can be extremely complex and require the skill
and experience of an attorney. Our Kansas City medical malpractice attorneys
know just how devastating personal injuries caused by medical negligence
can be. Injured individuals and their loved ones deserve a team of advocates
who take every step possible to ensure their clients receive the legal
representation that they deserve. Therefore, you should consider working
Bertram & Graf, L.L.C. if you believe your or a loved one’s injuries are the result of
Can I File a Medical Malpractice Claim?
Who is Liable in a Medical Malpractice Case?
How Delayed Diagnosis or Misdiagnosis Can Cause a Medical Malpractice Claim
Call (888) 398-2277 and schedule you free, initial consultation!
Do not hesitate to call Bertram & Graf, L.L.C. for a
free consultation at (888) 398-2277.