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fighting for

fighting for

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Our law firm represents those who have suffered personal injuries or have lost a loved one due to the negligent actions of another. We specialize in personal injury trial litigation and focus our attention on those we represent.

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Kansas City Medical Malpractice Attorney

Medical malpractice is one of the most harrowing forms of negligence. It comes from those we trust with our lives – our doctors, nurses, and physicians. We never imagine those in charge of our health and well-being would engage in negligent or reckless practices that could threaten or even take our lives. Yet patients become victims of medical malpractice every year. These types of legal claims are often complex and difficult to prove. You need help from the Kansas City injury lawyers at Wendt Law Firm P.C. when taking on these cases.

What Is Medical Malpractice?

“Medical malpractice” occurs when a medical professional injures or kills a patient due to the failure to provide proper healthcare treatment. An honest mistake or foreseeable health complication is not medical malpractice. The courts must find that another reasonable and prudent medical professional would have handled the situation differently, preventing the plaintiff’s harms. Examples of medical malpractice include medication errors, misdiagnoses, surgical mistakes, and childbirth injuries.

Plaintiffs may be able to sue individual physicians or entire hospitals for an incidence of medical malpractice. Most doctors are independent contractors, meaning they are not employees of the hospital. If this is the case, the injured patient may only bring a claim against the individual doctor. If the defendant is an employee of the hospital, on the other hand, the courts may hold the establishment liable for damages. The hospital may also be at fault if it is guilty of a form of negligence, such as unsanitary premises or improper employee training.

Medical Malpractice Laws in Kansas City

Medical malpractice laws are complex and require an attorney for assistance. These laws govern the definition of medical malpractice, when a patient may file, deadlines for filing, and other important rules. Understanding the laws surrounding your particular case can help you avoid missing a statute of limitations or making another mistake that could bar you from recovery. The laws will differ according to the state in which the incident occurred:

  • You have two years from the date of injury or discovery of injury to file your claim. Exceptions exist to this deadline. For example, child victims have two years from the date of their 18th birthdays, or 10 years from the date of injury, to bring a claim (whichever is later). To file, the plaintiff needs an affidavit of merit, or a document that states an expert agreed that the defendant was negligent.
  • A plaintiff also has two years from the date of injury to file a medical malpractice claim in Kansas. However, there is s a four-year statute of repose. This means that, regardless of when the patient discovered his or her injuries, the patient has four years maximum from the time the medical error occurred. Kansas does not require an affidavit or merit to file, but the courts will hold a medical screening panel to review the claim if either party requests this action.

There is a non-economic damage cap on medical malpractice claims in Kansas but not in Missouri. This cap is between $250,000 and $350,000 depending on when the case accrued. Navigating the medical malpractice laws in Kansas City can be grueling, especially if you’re also recovering from significant injuries. Working with a medical malpractice attorney can make the process much easier on you and your family. To get started with a malpractice lawsuit, contact us for a free consultation.