Kansas City Medical Malpractice Attorneys
Healthcare providers have a duty to provide a reasonable level of care to all patients. While not all injuries caused by doctors, nurses, pharmaceutical companies or hospitals constitute grounds for a malpractice claim, speaking to an attorney is still your best course of action. If you or a loved one is injured from a health care providers medical negligence call the Experienced Medical Malpractice attorneys at White, Graham, Buckley & Carr for a free consultation today. 816-373-9080
Typical medical malpractice claims deal with:
An Experienced Medical Malpractice Law Firm
Our personal injury lawyers will review your medical records to determine if negligence occurred, consult industry experts to corroborate neglect on the part of the defendant(s), and build a strong case to help you receive a settlement or verdict based on the extent of your injuries. Forbes article - Medical malpractice is the 3rd leading cause of death, behind cancer and heart disease.
Victims of medical malpractice might be entitled to recover damages such as:
- The victims Medical expenses incurred due to the injuries
- Lost wages and forfeited future income
- Pain and suffering
- Loss of enjoyment of life
Exceptional results. Personal service. Good lawyers helping good people.
Located close to the Independence Center and the new Independence Event Center, White, Graham, Buckley & Carr, L.L.C. works with clients throughout Eastern Jackson County, the Kansas City Metropolitan Area, Missouri and Kansas. We operate on a contingency fee basis, make home or hospital visits for clients unable to travel to our office, and have evening and weekend hours available on an appointment-only basis. Contact our Independence, MO office to schedule a free initial consultation with a lawyer from our firm. Call 816-373-9080
- Frequently asked questions about medical malpractice.
What exactly Is Medical Malpractice?
In short, medical malpractice is negligence in some form or another in the Medical field.
Medical malpractice takes place when the patient of a medical professional like a doctor, nurse or specialist incurs an injury caused by their negligence. For instance, a physicians error may lead to a failure to diagnose or a misdiagnosis of the patient, and in turn causes the patient to receive the incorrect form of treatment or in many cases no treatment what so ever. When this takes place it often causes further damage or sickness to the patient. A pharmacist may make an error with a patient's medication, which could end up causing a prescription drug error. During surgery, a surgeon could also cause an injury to the patient that was unintended due to his or her negligence, such as errors during surgery of gastric bypass, wrong-site or incorrect operation, or postoperative bacterial infections cause by the use of contaminated surgical instruments. Some more medical malpractice facts and statistics.
These examples are only a just a couple of the many types of medical malpractice cases that occur on a daily basis. If you or a loved one has suffered an injury or has become ill or their condition has become worse due to the negligence of a professional in the medical field you or your loved one has every right to bring forward a medical malpractice claim for compensation of your injuries. Quite often medical malpractice cases can be significantly hard to prove fault, especially because hospitals and physicians have their patients sign many papers, forms and release waivers to help them prevent their liability. For this reason it is very important to get help from a medical malpractice attorney that has a significant amount of experience in navigating medical malpractice cases as quickly as you can. With an experienced and powerful medical malpractice attorneys representation, you or your loved one will have the best chance of recovering compensation for the damages you or they have incurred due to this negligence.
What Are Some Of The Most Common Forms of Medical Malpractice?
Medical malpractice in general covers a broad spectrum of possible medical negligence scenarios. The medical field is very large, expansive, and medical negligence in any of these areas of the medical field could cause a patient to become the victim of an injury and in turn the injured party has the right to file a claim for compensation. Hiring an experienced medical malpractice attorney is critical in these cases and they will provide the victim of medical negligence with the best possible chance of attaining compensation for these injuries due to negligence. Call White, Graham, Buckley & Carr LLC today if you or a loved one has become injured or has become severely ill caused by the medical negligence of a physician, nurse, specialist, or surgeon. Our team of medical malpractice attorneys have the experience needed to help you attain the highest amount of recovery for your damages in all forms of medical malpractice cases, including these more common forms listed below:
- Physicians Error: Physicians hold a tremendous amount of responsibility in the medical field and are supposed to have the proper training and adequate skill level to treat a patient in their respected medical field. This is greatly in part because of the amount of education, specialized training, and rigorous testing a physician or specialist is subjected to in order for them to be licensed in their respected medical field and be considered competent of treat their patients. A physician often can cause an injury or illness due to their negligence even with all of the required education and training in their respected medical field. Some common forms of medical negligence are misdiagnosis or failure to diagnose injuries and birth injuries.
- Surgeon Errors: Surgeons are generally held to the utmost level of accountability out of all of the medical fields. Quite often during surgery the patients' life is in the hands of the surgeon when they are performing an operation. During surgery anesthesia mistakes can inflict severe pain unto the surgery patient. Some other instances of surgeon error is wrong-site and incorrect operation surgeries which often times makes an illness or injury far worse than it was before the surgery started. Another form of medical negligence is when contaminated surgical instruments are used and it causes severe postoperative infections to the surgery site. And unfortunately at times a patient can suffer wrongful death caused by a surgeon's medical error.
- Pharmacist Mistakes: Prescription drug errors are far more common than one may realize. Whether a physician prescribes the wrong drug or an amount of the medication that is too much or to little, or a pharmacy mistakenly mixes drugs that are known to cause injury when compounded, or the pharmacist distributes the prescription to the wrong patient, any of these scenarios can cause the patient to suffer severe illness or even wrongful death. A patient's medical condition can become significantly worse without the proper medication. To much of virtually any drug can also cause severe injuries, illness, or even wrongful death.
What should a medical malpractice victim do first?
After suffering an injury or severe illness due to medical negligence, one of your first steps should be to speak with an experienced medical malpractice attorney as quickly as possible. You and your loved ones trust your doctors, specialists and nurses to care for your health and well being. We expect medical professionals to have the capability to do what's in the best interest of our health by providing us with accurate and researched advise in a timely manner. If you or a loved one has suffered from medical negligence an attorney from our law firm can stand with you and your family as you seek due justice and compensation for your injuries.
Do I Have A Limited Amount Of Time To File A Lawsuit?
The Missouri Statute of Limitations
Per the Missouri Revised Statutes §516.105, Actions against health care providers (medical malpractice) - including physicians, hospitals, nurses, specialists, dentists, optometrists, podiatrists, pharmacists, chiropractors and professional physical therapists - have be brought forward within two years after the date that the injury or illness took place. If a medical malpractice victim does not file their case within this set time frame, they are forfeiting their right to bring a case forward and to obtain compensation for their injuries or illness. Often times illnesses and injuries caused by medical malpractice can be deadly and completely life-altering, such as sever brain damage or if a victim becomes paralyzed due to the negligence of a surgeon during a surgical procedure, or other illness and injury due to the misdiagnosis of the patient or a pharmacist making a medication error.
There are a few exceptions to the Missouri statute of limitations for medical malpractice cases. If an individual under the age of 18 is injured they have up until their 20th birthday to bring forward a medical malpractice lawsuit. For instance if an individual is bring a lawsuit forward after finding out that a medical instrument has been negligently left inside of their body, the lawsuit must be filed within two years of the date that the medical instrument was discovered inside of the individual. Any person who finds out that a doctor or hospital mistakenly did not inform them of the results of a medical test has two years to bring a case forward from the date these test results have become known.
In A Medical Malpractice lawsuit Who Can Be Held Responsible?
Physicians, hospitals, nurses, specialists, dentists, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists and any other type of medical professional that has caused you or your loved one injury by their gross negligence. If the patient is not the responsible for their own illness or injury in any way, they should be able to obtain financial compensation for their injury or illness by bringing forward a medical malpractice lawsuit. In order for a medical malpractice case to be a success the injured patient must be able to establish clear medical negligence on behalf of the doctor or medical professional. Often times this is not easy to accomplish due to hospitals, doctors, and pharmacies waivers and forms that attempt to diminish their liability towards your injury or potential for injury. For this reason it is very important hire a very experienced medical malpractice attorney. An experienced medical malpractice attorney will be able to navigate through the paper work to find the evidence that is needed to prove the liability and negligent in your case.
Will I have to pay taxes on my medical malpractice settlement?
In virtually every medical malpractice case, the settlement in the case or jury award if the case goes to trial is not taxable as far as paying federal or state income tax is concerned. The federal tax code states that any compensation recovered for physical injuries is not considered income. This tax code includes compensation for lost wages, past and future medical bills, emotional distress, pain and suffering, attorney fees, and other related injuries and financial losses.
The thinking behind this is that this compensation is not true financial income, but is the outcome of a loss that you have endured. The compensation that is awarded is only an attempt to make the victim whole again. If you look at how a car is paid to get fixed by an insurance company after it has been damaged. For instance, when the individual gets money for the damages to his vehicle from a car accident, this money is not considered income. This scenario also applies victim of medical malpractice becomes injured because of a doctors medical negligence.
If a individual receives punitive damages in a settlement or judgment, these punitive damages are considered taxable. Punitive damages are considered damages over the amount of what would be necessary to make the victim whole again. This form of compensation is made to punish the medical malpractice defendant and to act as a deterrent to future medical negligence. Compensatory compensation (the actual losses that the victim has sustained) are not considered taxable.
How Will White, Graham, Buckley & Carr LLC Help Me Win My Medical Malpractice Case?
Medical malpractice is unfortunately an all to often occurrence in hospitals, doctors offices, private medical practices, nursing homes and many other health related institutions. Our Kansas City & Independence based medical malpractice attorneys are experienced and well-versed in the methods to take to successfully navigate medical negligence lawsuits, and with this experience on your side the potential for success in your case will improve significantly. In medical malpractice cases, expert testimony is used quite often and our medical malpractice attorneys have access to qualified doctors and other medical specialists who are highly regarded in their respective medical field.
For a medical malpractice case to be successful, there are a couple of factors that need to be proved:
- The physician/patient relationship – It is significantly important to prove that a physician/patient relationship took place between you and the doctor or medical professional that in turn caused your illness or injuries. If the physician agreed to meet you and also started medical care for you, then we will be able to prove that a physician/patient relationship took place.
- The negligent act of the doctor or medical professional – In order for your medical malpractice case to be a success we have to show that your medical professional was medically negligent while you or your loved one was in his care. In order for us to show that your physician did not treat you in a reasonably skilled and careful manner we can utilize expert medical witnesses to prove this. With our expert witnesses we can use them to prove that your physician did not treat you in a reasonably skilled or careful manner and in turn caused your injury or illness.
- Medical negligence was the caused your injury or illness – In your case we have to show that the negligent act of your doctor or medical professional directly related to the cause of your injury or illness.
- Your injury or illness led to damages – In your case we will have to prove that the negligent act of your doctor or medical professional directly caused or led to the cause your pain and suffering, additional medical bills, lost income at work and any other losses or damages that would not have occurred if your medical treatment was performed correctly while you were in their care..
Call our office today to speak to an experienced medical malpractice attorney about your case. White, Graham, Buckley & Carr. LLC - 816-373-9080