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 our clients.

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

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:

  1. 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 the balance.
  2. 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.
  3. 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 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.

  • 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 alongside Bertram & Graf, L.L.C. if you believe your or a loved one’s injuries are the result of medical malpractice.

Additional Reading:
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.