When you go to your doctor, an urgent care facility, or a hospital because you're ill, you're trusting medical care providers to give you the quality attention you need to get better. It can be devastating to discover that medical malpractice caused your condition to worsen, especially if it progressed to a stage where further treatment options are limited. You may suffer serious consequences due to this negligence.
Similarly, you might experience life-threatening injuries or death if a medical device is defective. When equipment such as pacemakers, brain or heart stents, or artificial hips you rely on to keep you alive and healthy have design or construction failures, you may suffer unnecessarily, including undergoing revision surgery to remove and replace faulty equipment.
If your doctor committed malpractice, or you suffered injuries due to a defective medical device, you could be entitled to compensation for medical bills, lost wages, and pain and suffering.
If a loved one died as a result of such negligence, you may have a claim for wrongful death.
Our experienced medical malpractice attorneys are ready to collect the evidence you need to build a strong case of negligence against all parties responsible for your injuries, and fight for the justice that you deserve.
Medical Malpractice and Defective Medical Device Claims Are Complicated
While medical malpractice and defective medical device claims are separate legal claims, they have one thing in common: both are notoriously complex.
These claims require extensive review of numerous medical or other technical documents; the testimony of expert witnesses; and aggressive litigation to settle. Because of this process, it's crucial to retain an experienced medical malpractice attorney as soon as possible. Time may be a critical factor in the success of your settlement for either type of claim.
Here's what you should know:
- Medical malpractice. Physicians and other medical professionals are required to comply with a standard of care in the treatment of their patients. Medical malpractice can occur when treatment falls short of the accepted standard of care for a disease or medical condition; and consequently, a patient suffers harm due to this negligence. Doctors, nurses, dentists, surgeons, physician assistants, and chiropractors are just some of the potential parties who could face liability in a medical malpractice case. Also potentially liable are hospitals and other medical facilities.
- Defective medical devices. If a patient suffers injuries due to a defective medical device, he may have a products liability claim against the manufacturer and other parties. A products liability claim can be based on faulty design; a manufacturing defect; or false marketing, such as improper warnings or instructions which make a product unsafe or dangerous. Manufacturers of the medical device, manufacturers of defective parts, wholesalers, and sellers could be responsible for compensating the victim.
Five Common Types of Negligence in Missouri and Kansas
It's important to keep in mind that not all complications in treatment or errors by medical professionals rise to the level of medical malpractice. The law analyzes whether the professional violated the standard of care expected in similar circumstances. A skilled medical malpractice attorney can evaluate your situation and determine whether you have a negligence claim.
Here are the most common incidents of medical malpractice:
- Surgical errors. Some of the most harrowing medical malpractice injuries occur in the operating room. Surgeons or nurses can be negligent during an operation by nicking other internal organs; operating on the wrong body part; or leaving sponges and surgical instruments inside a patient. Many surgical malpractice claims arise when nursing staff fails to give proper post-op care, resulting in a life-threatening infection or further loss of body tissue.
- Anesthesia errors. Even a slight miscalculation of the amount of anesthesia needed for surgery can cause permanent injury, brain damage, or even death. Anesthesiologists may be held liable for medical malpractice if they don't monitor the patient's vital signs, improperly intubate the patient, or don't give enough sedative, causing a patient to awaken during surgery.
- Misdiagnosis or delayed diagnosis. There are two kinds of misdiagnosis claims. In the first, a doctor tells a patient he has a condition that he actually doesn't have, administering treatment that won't help him and potentially cause harm. In the second, a doctor misdiagnoses a life-threatening condition as something less serious. A patient might to miss treatment opportunities, and his condition worsens as a result.
- Birth injuries. Improper action on behalf of a doctor can cause a number of injuries to a newborn child. Obstetricians (OB/GYN) may fail to diagnose a life-threatening medical condition that makes the birth more difficult, such as preeclampsia, Rh incompatibility, anemia, gestational diabetes, or birth defects. During the birthing process, the OB/GYN and the attending team may not respond appropriately to complications during the birth, resulting in injuries to the baby and mother.
- Prescription drug errors. Patients are often harmed when given the wrong medication; or prescribed medication for a misdiagnosed condition. Drugs may be switched between two patients with similar names or conditions in the same hospital ward; or drugs with names that sound alike may be wrongly administered. In addition, patients may suffer adverse effects by receiving too much or too little of a drug.
Our Kansas and Missouri Medical Malpractice Attorneys Will Fight for Justice
If you or a loved one suffered injuries due to medical malpractice or a defective medical device, worries about your health and life increase dramatically, and you may need expensive and painful medical treatments.
Unfortunately, the negligent party may fight hard to deny or reduce your claim. Our experienced medical malpractice attorneys are ready to aggressively defend your right to injury compensation. We handle these cases on a contingency fee basis—this means you won't owe any attorney feeds until we settle your claim or win your case at trial.
Request a copy of our free book, The Truth About Medical Malpractice Claims. Then call our office or start an online chat to schedule your free initial consultation with a member of our legal team.