Medical malpractice

Medical Malpractice Attorneys in Olathe, KS

Aggressive representation for victims of medical malpractice in Kansas

Medical professionals like doctors, nurses, and hospital staff are some of our most trusted professionals. Their roles are critical to the health and well-being of millions of people. As such, health care professionals owe their patients a duty of care It is essential that they follow all procedures and processes that have been put in place by the hospital or medical facility where they practice. This ultimately determines how well a patient will recover from their condition. If healthcare staff make the slightest mistake, a patient's condition can worsen and even lead to death.

These mistakes are often the result of negligence, and the negligent parties must be held accountable. Our Olathe medical malpractice attorney understands how these incidents happen and the harm they can cause to victims. At Kansas City Accident Injury Attorneys, we have seen many patients needing to undergo corrective surgeries or being left permanently scarred as a result of a mistake from a healthcare worker. We understand how difficult it can be to seek medical attention for one ailment and leave with a life-altering injury.

Is medical malpractice common in Kansas?

A study done by Johns Hopkins claimed that as much as a third of all annual deaths in the U.S. are the result of medical errors. This number has been hotly debated over the past six years, because “medical errors” cover a wide array of incidents, and not all of them rise to the level of malpractice. However, a 2017 survey by the Institute of Healthcare Improvement found that not all medical errors are reported by patients. They claim that this is due to:

  • Patients feeling it was an honest mistake (24%)
  • Patients did not think reporting the error would make a difference (56%)
  • Patients did not know how to report the error (40%)

And since 2017, only about 160 medical malpractice lawsuits have been filed in Kansas. When you consider all of the numbers, you can see that there truly is no clear answer for how many medical errors occur each year. This leaves an unknown number of patients suffering from medical negligence and never obtaining justice for the error.

What is medical malpractice?

Medical malpractice is a form of professional negligence by healthcare professionals. In order for an error to rise to the level of malpractice, four elements must be present:

  1. A doctor*/patient relationship must exist, meaning the doctor owes the patient a duty of care.
  2. The doctor must breach that duty of care as a result of negligence.
  3. The doctor’s negligent actions must result in injury or harm to the patient.
  4. The patient must sustain damages as a result of the injury or harm.

*Note: though we use “doctor,” any healthcare professional may be held accountable for medical malpractice, including nurses, pharmacists, specialists, and healthcare administrators.

If you are unsure if your injury falls under the scope of medical malpractice, you should consult with an Olathe medical malpractice attorney.

What medical errors may rise to the level of malpractice?

Some common examples of medical negligence include:

  • Poor communication
  • Working under the influence of drugs or alcohol
  • Reckless behavior
  • Poor preparation
  • Failure to monitor patients’ charts
  • Failure to secure informed consent
  • Failure to treat
  • Failure to diagnose
  • Communication errors
  • Poor documentation
  • Medication errors
  • Surgical errors

Hospital policies may not always take into consideration the best interests of the patient or their staff. Some facilities will put profit over people, and this can lead to serious errors and injury. Examples include:

  • Not providing proper protective gear
  • Lack of mandated sterilization processes
  • Negligent hiring practices
  • Scheduling errors such as scheduling nurses and doctors on long shifts with insufficient time to rest

Who is liable for medical malpractice in Olathe?

Once it is determined that you have a medical malpractice case, our Olathe injury attorneys will need to determine which party should be held liable for the negligence. There are several parties that can be held liable, such as:

  • Physicians: Doctors have extensive knowledge and substantially more experience than other members on your care team. They will often have to sign off on care instructions which can lead to errors. In many circumstances, physicians work independently of the hospital and can therefore be sued separately from the medical facility they are affiliated with.
  • Specialists: You may be treated by a number of different specialists over the course of your care, including surgeons, chiropractors, therapists, and more. If their treatment plan caused you harm, or if they failed to review your medical records, they can also be held liable for your injuries.
  • Pharmacists: Many hospitals have on-site pharmacies, but you may use your local drug store to pick up prescriptions as well. If the order or dosage is wrong, the pharmacist may be liable.
  • Nurses: When you are in the hospital, you will often interact with nurses more than anyone else on your care team. If nurses make a mistake giving you medication or documenting an interaction, they can be held liable in a medical malpractice claim. The same is true if your loved one is a victim of negligence in a nursing home.
  • Hospital administrators: There are many ways that hospitals can be implicated in a medical malpractice case. If they did not fully integrate or do a background check on a person prior to hiring them and an injury occurred, the hospital can be held responsible, for example.
  • Non-medical personnel: There are many types of personnel found in medical facilities and while they may not facilitate your primary care, they are part of your care team. If they make a mistake this can also lead to medical negligence.

The liable party will be determined by the factors that led up to your injury or illness. You will need to discuss these factors with an Olathe medical malpractice attorney.

How long do I have to file a medical malpractice lawsuit in Olathe?

The statute of limitations for medical malpractice cases is two years from the date of the injury or two years from the date the injury was discovered. This means you do not have much time to begin building a case if you are injured by a healthcare provider. Contact an Olathe medical malpractice attorney to discuss the factors that lead to your injury.

How much is my Olathe medical malpractice claim worth?

The Olathe medical malpractice attorneys at Kansas City Accident Injury Attorneys will work to obtain compensation for:

  • Medical bills for past and future treatment
  • Lost income
  • Pain and suffering
  • Loss of consortium
  • Burial and funeral expenses (in the event of a wrongful death)

There may be other forms of compensation you may be entitled to such as punitive damages, and other non-economic damages. The compensation you are entitled to will be determined on a case-by-case basis.

Do you have a medical malpractice lawyer near me?

Our Olathe office is located at 110 South Cherry Street, Suite 102. Call for an appointment. We also have other offices throughout Kansas and Missouri.

Aggressive representation for Olathe victims of medical malpractice

There is a standard of care that is owed to each and every patient. At Kansas City Accident Injury attorneys, we work with independent medical experts, insurance adjusters, court mediators and financial planners to ensure we build a full case for your recovery. Our team will go the extra mile to make sure you get the justice you deserve. Schedule a free consultation by calling our office at 816-471-5111 or filing out our contact form.