Kansas City Medical Malpractice Lawyer

Your Trusted Advocates in Medical Justice

Doctors, nurses, and other healthcare providers are responsible for the health and safety of their patients. According to the law in Missouri and most other states, healthcare providers are considered professionally negligent if they fail to meet what is known as the "standard of care." Understanding these obligations is crucial for anyone navigating the complexities of medical malpractice. The law is designed to protect patients from harm and ensure that providers maintain a commitment to quality care. Our legal team is well-versed in these standards and works diligently to hold medical professionals accountable when these standards are violated.

While we all rely on doctors and pharmaceutical companies for life-saving medical care and medication, they must be held accountable if they act in ways that cause unnecessary harm to our clients.

At Bertram & Graf, L.L.C., the goal of our Kansas City medical injury attorneys is to obtain fair compensation for our clients to cover the damages incurred by the extent and severity of their injuries. Various circumstances can lead to a person suffering injuries or death due to medical malpractice.

The Kansas City medical malpractice lawyers at Bertram & Graf, L.L.C. can help you understand your options. Contact our firm at (888) 398-2277 today to get started.

What Is Medical Malpractice?

Medical malpractice in Missouri occurs when a healthcare provider fails to meet the accepted standards of care, resulting in patient harm or injury. This may include misdiagnosis, delayed diagnosis, surgical errors, prescription errors, or inadequate follow-up care. It's important to note that a negative outcome from a medical treatment or procedure does not necessarily equate to malpractice. The key element is proving that the healthcare provider's standard of care deviated from accepted norms, directly resulting in harm to the patient.

If you believe you have been a victim of such negligence, our team of dedicated Kansas City medical malpractice lawyers at Bertram & Graf, L.L.C. are ready to review your case and guide you through the legal process towards seeking justice and rightful compensation.

Examples of Medical Malpractice

Examples of medical malpractice include, but are not limited to, the following:

• Misdiagnosis: When a patient's symptoms are inaccurately assessed, leading to inappropriate treatment and potential harm.
• Failure to Diagnose: Failing to identify a medical condition in a timely manner, resulting in delayed or improper care.
• Birth Trauma: Inadequate obstetric care during childbirth, leading to preventable injuries to the newborn or mother.
• Surgical Mistakes: Errors during surgical procedures, such as wrong-site surgery or improper technique, causing harm.
• Nursing Errors: Mistakes in medication administration, monitoring, or communication that compromise patient well-being.
• Hospital/ER Negligence: Insufficient care, staffing, or communication within healthcare facilities, impacting patient safety and outcomes.

Understanding the Impact of Medical Negligence

For patients and their families, medical carelessness can have detrimental long-term effects. There may be financial, emotional, and physical consequences when medical professionals don't offer the level of care required in their line of work. At Bertram & Graf, L.L.C., our staff is committed to assisting victims of medical malpractice in their pursuit of justice and compensation for their suffering. Our dedication extends beyond compensation; we aim to bring about systemic improvements to prevent similar occurrences in the future.

Some common impacts of medical negligence include:

• Physical injuries or complications
• Emotional distress and trauma
• Financial burden from additional medical expenses
• Loss of income due to inability to work
• Diminished quality of life

If you or a loved one has been affected by medical negligence, it's important to seek legal guidance as soon as possible. Our experienced medical malpractice lawyers in Kansas City, MO can provide the support and advocacy you need to navigate the complexities of a medical malpractice claim. We understand the emotional turmoil such cases can cause and strive to offer compassionate, knowledgeable counsel every step of the way.

How Long Do I Have to File a Medical Malpractice Claim?

According to Missouri Revised Statutes section 516.105, you have two years from the date you sustained your injury or the date you discovered your injury to file a claim, with a maximum time period of ten years to file a claim. Understanding these time constraints is crucial for ensuring your rights are preserved. Our legal team is available to explain these nuances and how they apply to your specific situation.

Since injuries incurred through medical malpractice are not always discovered when the injury occurs, the statute of limitations for medical malpractice cases works differently than other personal injury claims. The statute of limitations can be a complex area of medical malpractice law. We encourage potential claimants to seek legal consultation promptly to explore their options and commence their legal journey with guidance.

What Types of Compensation Are Available in a Medical Malpractice Case?

Compensation in medical malpractice cases generally falls into several categories. The first is economic damages, which compensate for tangible losses like medical bills and lost wages. These are often straightforward to quantify as they are based on actual expenses or loss of income. Non-economic damages compensate for intangible losses such as pain and suffering, emotional distress, and loss of companionship. Missouri law imposes caps on non-economic damages, affecting the total award depending on the case specifics. Lastly, punitive damages—although rare—can be awarded to punish egregious behavior and deter future misconduct. At Bertram & Graf, L.L.C., we meticulously evaluate each potential head of damages to ensure that our clients receive fair and just compensation.

What Should I Do If I Suspect Medical Malpractice?

If you suspect you have been a victim of medical malpractice, it is imperative to take specific steps immediately. First, obtain all your medical records, as these documents are critical in assessing what transpired. Seek another healthcare provider's opinion if necessary to confirm suspicions of negligence. Next, avoid discussing your suspicions publicly or on social media, as this can jeopardize your case. Then, contact a qualified legal team, such as Bertram & Graf, L.L.C., to discuss your findings and receive guidance on how best to proceed. Remember, time is of the essence; the sooner you act, the better equipped you will be to secure the justice you deserve.

What Is Considered Medical Negligence?

As a society, we are taught to unconditionally trust our doctors, surgeons, nurses, and other medical professionals to keep us safe and healthy when we are in need of their services. While the majority of physicians and specialists uphold excellent standards of treatment and care, medical negligence is a rising concern throughout the United States as it continues to cause irreparable harm to countless Americans. The legal definition of negligence incorporates both action and inaction that can result in detrimental outcomes.

Unfortunately, when a medical professional is negligent, he or she is directly putting you or your loved one's life at risk. Holding these irresponsible and reckless parties accountable is crucial in obtaining the justice you deserve as well as protecting the next unsuspecting patient from a similar experience.

Medical negligence includes, but is not limited to:

• Surgical errors – Few things are as terrifying as going into surgery and waking up worse than before. Unsafe procedures and improper care before, during, and after the surgery can all result in permanent damage. Common examples include using nonsterile instruments, failure to control bleeding, failure to adequately monitor vital signs, damaging nerves or organs, etc.
• Misdiagnosis – if your conditions present themselves in unusual ways, this is not considered a misdiagnosis. However, it is negligence when a doctor fails to diagnose or misdiagnoses something that any other professional with their level of training and access to information would have known.
• Delayed diagnosis – As with misdiagnosis, this is considered negligence if other doctors under the same circumstances would not have missed the illness.
• Childbirth injuries – These commonly occur as a result of hemorrhaging, oxygen deprivation, improper use of forceps, C-section complications, and more.
• Medication errors – Irresponsible or inaccurate handling of medication is extremely dangerous as it can lead to overprescribing and other fatal errors.
• Anesthesia errors – These include giving the wrong dosage, either too much or too little, as well as failing to properly monitor and recognize complications.
• Hospital infections – Pneumonia is one of the most dangerous consequences of hospital-acquired infections, which also include urinary tract infections and surgical site infections.

How Can a Medical Malpractice Lawyer From Kansas City, MO Help With Your Case?

When medical negligence results in injury or death, victims and their families often turn to a medical malpractice attorney in Kansas City for assistance. Medical malpractice attorneys are experienced at investigating the circumstances of an incident, gathering evidence and presenting a case that can help injured individuals get the compensation they deserve. They have extensive knowledge of state laws and regulations related to medical malpractice cases as well as experience working with insurance companies, hospitals and other healthcare providers. With their help, victims can receive financial restitution for damages such as lost wages, pain and suffering, emotional distress and more. A qualified medical malpractice lawyer from Kansas City MO will fight hard on your behalf so you don’t have to suffer any longer than necessary due to someone else’s carelessness or recklessness.

An experienced medical malpractice lawyer can:

• Investigating the Medical Record: A medical malpractice lawyer can review medical records to determine if a medical professional has acted negligently or failed to provide care that meets accepted standards of practice.
• Evaluating Damages: A medical malpractice attorney will look into the extent of damages suffered by the patient due to negligence and assess whether those damages warrant filing a claim for compensation.
• Building Your Case: An experienced legal team can help gather evidence, interview witnesses, and obtain expert testimony on your behalf in order to build a strong case against negligent parties who breached the duty of care owed to you as a patient/client.
• Negotiating with Insurance Companies: Insurance companies can try to give you less money than you deserve if you have been hurt because of medical malpractice. A lawyer who knows about medical malpractice can help make sure that you get fair compensation. They will talk to the insurance company and negotiate a fair settlement for what happened.
• Take Your Case to Court: If a fair agreement cannot be reached with the insurance company, your lawyer can take your case to court. They will present evidence and arguments on your behalf so that you can get the justice you deserve.

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 medical malpractice lawyers in Kansas City know just how devastating personal injuries caused by medical negligence can be. Our firm prides itself on providing an empathetic yet assertive approach, ensuring that your rights and interests are consistently represented in the face of adversity. Additionally, understanding the intricacies of regional laws enables us to apply strategic thinking tailored to Missouri's legal landscape.

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 alongside Bertram & Graf, L.L.C. if you believe your or a loved one's injuries are the result of medical malpractice. We stand ready to offer comprehensive legal solutions, ensuring that no stone is left unturned in pursuit of justice.

Related Reading

• The Effects of Medical Malpractice
• Informed Consent & Medical Malpractice Claims
• Who is Liable in a Medical Malpractice Case?

Do you believe you have been the victim of medical negligence in Kansas City? Call (888) 398-2277 and schedule your free, initial consultation!