Kansas City Medical Malpractice Lawyer
Request Free ConsultationMedical malpractice is a serious problem in Kansas City and throughout the United States, causing about 251,000 deaths per year and many more serious injuries and worsened medical conditions in patients who trusted their doctors to provide skilled, competent care. When a healthcare provider makes a medical mistake or acts negligently while providing care, and the result is injury to a patient, the injury victim has a right to claim compensation. A Kansas City medical malpractice lawyer helps injured clients file the most compelling claims for compensation so they recover the largest possible settlement. Contact the Kansas City malpractice lawyers at Miller & Hine today so we can evaluate your case in a free initial consultation and then begin strategizing the best way forward.
Why Choose Miller & Hine as Your Medical Malpractice Attorneys in Kansas City?
Miller & Hine has over five decades of experience in navigating medical malpractice claims under Missouri law. Founding partners, Jason Hine and Jimmy Miller have earned an AV Preeminent Law Firm rating—the highest peer-review rating possible, as well as making the Super Lawyers list in Missouri. We offer every client significant advantages in their cases, including the following benefits to medical malpractice injury victims in Kansas City:
- A Kansas City injury attorney who takes a hands-on role in representing clients from all walks of life and achieving large settlements and jury awards
- Access to resources like the best medical experts to provide critical testimony in a medical malpractice case
- An entire legal team dedicated to pooling their legal knowledge and creative solutions to advance your medical malpractice case
- An in-depth understanding of Missouri’s malpractice laws and insurance system
- A compassionate attorney devoted to your case with open communication and availability
Your Kansas City medical malpractice attorney from Miller & Hine will take the time to get to know you and witness the impacts of the injury on your life, making it easier to make a compelling claim for full compensation in your case. We also collect no fees until after we secure your compensation through a settlement or jury award for your damages.
What Types of Medical Malpractice Cases Do We Handle at Miller & Hine?
The most egregious types of medical malpractice are considered “never events” by the medical community. These include cases like amputating the wrong limb and leaving surgical implements inside a patient’s body cavity. Despite their “never event” label, these errors still occur in hospitals in Missouri and across the U.S. The most common types of medical malpractice cases in Missouri courts include the following:
- Misdiagnosis: when a doctor makes the wrong diagnosis and treats the patient for the wrong disorder or injury and fails to treat the actual condition
- Delayed diagnosis: when a doctor fails to make a correct diagnosis in a timely manner and the delay causes a worsened medical condition or death
- Missed diagnosis: when a doctor fails to diagnose a patient’s medical condition
- Medication mistakes: prescribing or administering the wrong medication, wrong dosage, a contraindicated medication, or administering medication to the wrong patient
- Surgical errors including wrong patient, wrong site, wrong surgery mistakes, or surgical tools left behind
- Anesthesia errors
- Birth injuries
- Lack of informed consent
- Incomplete medical history
- Failure to provide post-surgical care or prevent infection
- Premature patient discharge
Medical malpractice occurs when a doctor or other provider causes injury, advanced disease, worsened medical condition, or death due to negligence or an error.
What Is “Duty of Care” in a Medical Malpractice Claim in Kansas City?
A doctor or other medical provider must uphold the standard of care accepted by the medical community. Proving liability in a medical malpractice case requires documenting evidence of the following:
- That a doctor/patient relationship was in place at the time the malpractice occurred
- The provider owed a duty of care to treat the patient at the standard of care accepted by the medical community or the way another, reasonable provider would have done in the same circumstances
- They breached this duty through negligence
- The provider’s breach of duty caused injury to the patient
- The injured patient suffered significant economic and non-economic damages from the malpractice
If medical malpractice leads to death, the victim’s close family members may file a medical malpractice wrongful death claim in Missouri with the help of a Kansas City wrongful death attorney.
How Long Do I Have to File a Medical Malpractice Claim In Missouri?
Like all states, Missouri recognizes the importance of limits on the amount of time after an injury that a victim can file a claim. This ensures that evidence remains available and eyewitness testimony is reliable when a case goes to court. It also protects defendants from living under the long-term threat of a lawsuit.
Missouri’s statute of limitations for medical malpractice claims is two years. Under Missouri § 516.105, the law states the following:
“All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, mental health professionals licensed under chapter 337, and any other entity providing health care services and all employees of any of the foregoing acting in the course and scope of their employment, for damages for malpractice, negligence, error or mistake related to health care shall be brought within two years from the date of occurrence of the act of neglect complained of…”
The law also highlights some exceptions to the two-year time limit, including cases of delayed discovery. For instance, if a patient learns that surgical gauze left in a body cavity over a year ago has caused infection, the two-year time limit begins on the date of discovery. If a doctor fails to inform a patient of a test result, the statute of limitations begins on the date the patient learns of the result. Also, if medical malpractice causes injury to a minor, they have up to two years after their 18th birthday to file a medical malpractice claim in Missouri.
What Can I Recover in a Medical Malpractice Claim in Kansas City?
Serious injuries and advanced disease due to medical malpractice are physically and financially costly to medical malpractice victims. A successful claim results in compensation for damages such as:
- Past and future medical expenses due to the injury
- Past and future income loss and diminished future earning capacity
- Compensation for pain and suffering
In some cases, a medical malpractice claim results in compensation for other damages that apply in some cases such as loss of limb, scarring, disfigurement, diminished quality of life, or the loss of an organ or one of the senses.
Call the Kansas City Medical Malpractice Attorneys at Miller & Hine
A successful medical malpractice claim requires specialized handling and access to medical experts and other important resources as well as meticulous attention to detail. Reach out to Miller & Hine for the experienced representation your case deserves. Call our Kansas City medical malpractice attorneys at (314) 413-2053.