Kansas City Medical Malpractice Lawyer

Whether you were suffering from an illness, were injured in a car accident, suffered a slip and fall, or other traumatic accident, if you’ve been under medical treatment that has left you in worse condition than you were at the onset, you may be the victim of medical malpractice. You’ll need to have an experienced malpractice attorney evaluate your case. Kansas City personal injury attorney Janelle Bailey has the knowledge, experience, and resources to evaluate and pursue your claim. At The Law Office of Janelle Bailey, we have access to respected medical experts who will review your records to determine where your care deviated from the expected standard, and who will be available to testify on your behalf if your case goes to trial.

If you suspect that you or a family member was a victim of medical malpractice, contact Janelle Bailey today. Strict legal time limits apply, so don’t delay. We take malpractice cases on contingency, so no upfront payment is required, and you pay nothing unless we win a recovery for you.

When an injury results from medical malpractice, Kansas City medical malpractice attorney Janelle Bailey may be able to file a lawsuit against the doctor, nurse, hospital, or healthcare provider who was negligent in causing the injury. Medical malpractice occurs when treatment by a healthcare provider falls below the accepted standard of care in the medical community and leads to the injury or death of a patient. In general, if a healthcare provider in Missouri fails to act where others with similar training would have, they may be liable for any resulting injuries and other losses.

Types of Medical Malpractice

According to the Institute of Medicine, approximately 98,000 patients die each year due to preventable medical errors. Countless others suffer life-changing injuries. When a patient is injured or dies due to preventable errors, families need support, answers and especially need the resources to try to recover.

Medical malpractice can include many different scenarios including:

  • Birth trauma, cerebral palsy, brain injury or Erbs palsy;
  • Failure to timely diagnose;
  • Failure to properly treat patients in the emergency room;
  • Surgical errors;
  • Failure to refer to the right specialists;
  • Medication errors;
  • Nursing errors; and
  • Wrongful death.

Determining Medical Malpractice

When a patient is injured due to the negligence of a medical professional, they may be able to file a lawsuit. Generally, the plaintiff proves the following elements to succeed in a medical malpractice lawsuit:

Patient/Doctor Relationship: Individuals filing medical malpractice lawsuits must be able to prove they had a physician-patient relationship with the doctor. The patient must hire the doctor and the doctor must have agreed to work for the patient. Medical practitioners can only be sued for acts of malpractice committed within the scope of employment.

Duty of Care: Physicians are required to perform their duties consistent with the medical community’s accepted standards. Doctors and other medical professionals have a legal obligation to their patients to act in the same manner that another practitioner in the same field and situation would.

Breach of Duty: For medical practitioners to be considered negligent, they must have violated the duty of care they owed to their patients. For the duty of care to have been broken, the doctor must have failed to act how another medical practitioner would have acted in a similar situation.

Causation: In addition to negligence, patients must also prove causation to have a valid claim. Injured patients must prove that the medical practitioner’s breach of duty was the proximate cause of their injury. Through documents, further medical treatments, and affidavits from other healthcare providers, patients must be able to show a causal relationship between the doctor’s negligence and their injury.

Damages: The injury caused by the healthcare provider’s negligence must have caused either economic or non-economic damages. This means that medical professionals cannot be held liable unless the injured patient incurred additional medical bills, lost wages or damage to their future earning capacity, or pain and suffering.

For example, if you go to a hospital in Missouri complaining of abdominal pain, you will be examined and questioned by a physician. This physician will then make a determination on the proper course of treatment. At this point, you have established a patient/doctor relationship. As a physician, he automatically has a duty of care to his patients—which includes you. If the physician determines you need surgery to remove your appendix, he has a duty to perform this surgery as any other reasonable surgeon would under the same circumstances. A breach of duty is a negligent act or omission, which could include removing the wrong organ, causing excessive damage to the body in the surgical site, or leaving a tool in your body after surgery. If you sustain an injury during or after surgery, you must prove that the breach (negligent act) was the direct cause of the injury that resulted in compensable damages.

Medical Malpractice Damages

An experienced Kansas City medical malpractice lawyer will demand that compensation be awarded to the injured patient for the harm caused by a medical professional’s negligence. Compensatory medical malpractice damages attempt to make the victim “whole” again and provide financial compensation for economic and non-economic losses. Also known as actual damages, economic losses that may be covered include:

Medical expenses: These damages cover the cost of hospital stays, doctor visits, physical therapy, prescription drugs, assistive devices and similar expenses. When an injury is severe or permanent, the medical malpractice victim may also be awarded compensation for future medical expenses.

Lost wages: Patients who must take time away from work to recover from their medical malpractice injuries may be able to collect compensation for lost wages.

Loss of earning capacity: When patients are unable to earn the same amount of money as they did prior to the accident, they may be awarded compensation for a loss of earning capacity.

Pain and suffering: Medical malpractice damages for pain and suffering typically compensate victims for physical pain caused by their injuries. These damages may also include compensation for emotional distress, which refers to the anxiety, depression, fear, frustration and other mental suffering that can develop as a result of a medical malpractice injury.

Loss of consortium: Spouses of medical malpractice victims may be able to recover compensation for the loss of marital benefits. Loss of companionship, sexual relations, affection, and comfort are among the compensable marital benefits. Loss of consortium medical malpractice damages are typically awarded in cases of life-changing or permanent injuries.

Other damages: There are other damages available in certain situations, including loss of life’s enjoyment, compensation for disability or disfigurement, loss of parental support, loss of companionship, etc.

When nurses, doctors or other medical professionals act with gross negligence, meaning that their conduct was willful or malicious, injured patients may be entitled to punitive damages. Rather than compensate these victims for their losses, punitive medical malpractice damages aim to punish the defendant and deter others from engaging in similar conduct. An experience Kansas City personal injury attorney will know the best way to navigate your loss and get you the best possible result.

Kansas City Medical Malpractice Lawyer

Whether you were suffering from an illness, were injured in a car accident, suffered a slip and fall, or other traumatic accident, if you’ve been under medical treatment that has left you in worse condition than you were at the onset, you may be the victim of medical malpractice. You’ll need to have an experienced malpractice attorney evaluate your case. Kansas City personal injury attorney Janelle Bailey has the knowledge, experience, and resources to evaluate and pursue your claim. At The Law Office of Janelle Bailey, we have access to respected medical experts who will review your records to determine where your care deviated from the expected standard, and who will be available to testify on your behalf if your case goes to trial.

If you suspect that you or a family member was a victim of medical malpractice, contact Janelle Bailey today. Strict legal time limits apply, so don’t delay. We take malpractice cases on contingency, so no upfront payment is required, and you pay nothing unless we win a recovery for you.

FAILURE TO DIAGNOSE

If you or a loved one was injured due to a medical mistake or medical negligence, the doctors and hospital will rarely ever give you honest answers about what went wrong.  All you want is the truth, in which case you’ll need the help of an experience Kansas City medical malpractice attorney.

At The Law Office of Janelle Bailey, our medical malpractice legal team will get all of your medical records and review them to see if a medical error or mistake caused a serious injury or death.   We will also discuss them with highly respected board-certified physicians and medical experts. If you have a case, we will file a lawsuit for you.

Kansas City medical malpractice attorney Janelle Bailey will sue doctors, hospitals, and clinics for medical errors that cause injuries or death to a patient.  Malpractice lawsuits seek settlements and compensation for patients harmed by medical negligence.  In cases involving a patient death, a wrongful death lawsuit can be filed for the surviving family members.

What is “Failure to Diagnose”

The quick definition is the failure of a physician to identify and appropriately treat a medical condition, either by not identifying a problem at all or by misidentifying a problem as one thing when it is indeed something else. A misdiagnosis, or incorrect diagnosis, can lead a patient down the wrong treatment path, and this can significantly delay proper treatment. In many types of cancers or diseases, an early and correct diagnosis can make a true difference in a patient’s prognosis, so it is crucial for physicians to make the correct diagnosis as soon as possible. A missed diagnosis, or a failure to diagnose occurs when a healthcare worker does not diagnose a health condition in a timely manner. Failing to properly diagnose a patient prevents doctors and nurses from providing the proper treatment. In many cases, medical conditions are treatable when caught early. However, failing to diagnose or treat a medical condition can often lead to further injury or death.

There are many reasons why a physician might fail to diagnose or misdiagnose a condition:

  • Improperly conducting a physical examination
  • Failing to perform regular screenings, especially in high-risk patients
  • Failing to recognize potential indications of a problem
  • Failing to pay attention to and act on a patient’s complaints appropriately
  • Failing to order appropriate tests when indicated
  • Misinterpreting test results
  • Misdiagnosing a tumor as benign
  • Failing to provide adequate follow-up care, including following up on test results or ordering additional tests
  • Delaying referral of a patient to a specialist

Conditions Most Often Failed OR Misdiagnosed?

Conditions physicians commonly fail to diagnose or misdiagnose that later result in medical malpractice claims include the following:

  • Cancers, particularly of the breast, colon, prostate, lung, ovaries, cervix, testicles, kidneys, esophagus or skin
  • Allergic reactions, including anaphylaxis
  • Diabetic reactions, including ketoacidosis and diabetic coma
  • Meningitis
  • Stroke
  • Lyme disease
  • Parasitic infections of the gastrointestinal tract
  • Periodontal disease

The Right Kansas City Failure to Diagnose Attorney

When you believe you or a member of your family has been harmed by your doctor’s failure to diagnose a serious illness, you’ll need an injury attorney who is familiar with medical terminology and who has access to medical professionals who can review your medical records and determine when and how the missed diagnosis occurred, and how the outcome would have been different with a proper and timely diagnosis.

Failure to diagnose cases can be difficult, complex, and expensive. The Law Office of Janelle Bailey in Kansas City will front all the expenses as well as our time, and you will pay nothing unless we win a recovery for you. We have the knowledge and experience required to build a powerful case, and the resources to bring aboard appropriate experts to provide the professional testimony to help prove it. We are passionate in our belief that careless and incompetent doctors should be held accountable for their actions.

Missouri law places limitations on the amount of time in which you can file a claim for medical malpractice, so it is essential that you act as soon as you suspect that your doctor’s error has caused you harm. Call Janelle Bailey, Injury Attorney, today to protect your right to a full recovery of your damages.

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FAILURE TO DIAGNOSE

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