When a medical professional enters his or her field, he or she takes an oath to never intentionally cause harm to a patient. When providing care, he or she must uphold a certain standard of care—meaning that his or her actions should not deviate from what a similarly trained and reasonably prudent professional would do given the same situation. Unfortunately, not all medical professionals provide their patients with the care they deserve.
If you suffer an injury due to a medical professional’s negligence or carelessness, you may be eligible for a medical malpractice lawsuit. The Kansas City medical malpractice lawyers at Goza & Honnold, LLC have represented Missouri residents in their malpractice claims for decades. We will fight tirelessly to secure the compensation you need to recover.
Why Our Kansas City Medical Malpractice Lawyers
- Our malpractice attorneys understand how painful and difficult a medical malpractice injury can be. We will always provide empathy and compassion throughout the case process.
- We have recovered tens of millions of dollars on behalf of our clients. We are dedicated to identifying your optimal path to maximum compensation.
- Our Kansas City medical malpractice attorneys have earned the respect of opposing counsel and have received some of the most prestigious trial and litigation awards. Our clients can expect excellence throughout the litigation process.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, surgeon, or other medical professional causes injury to a patient through a negligent act or omission. The at-fault medical professional must have treated the patient in a professional capacity, overseeing the patient’s care at a clinic, in an emergency room, or during a hospital stay. In addition, the at-fault professional’s actions must be different from what another doctor would have done under similar circumstances.
The Kansas City medical malpractice lawyers at Goza & Honnold, LLC handle a wide range of medical malpractice claims, including cases that involve the following acts of negligence.
- Misdiagnosis or failure to diagnose a medical condition.
- Misreading or ignoring laboratory results.
- Failure to order proper diagnostic tests.
- Failure to recognize common symptoms of a medical condition.
- Disregarding a patient’s medical history.
- Surgical errors, such as wrong-site surgery or leaving a foreign object inside a patient’s body.
- Prescribing the wrong medication or the wrong medication dosage.
Improper follow-up instructions, inadequate aftercare, or premature discharge.
How to Prove a Medical Malpractice Lawsuit in Kansas City
As a victim of medical malpractice, you can file a civil lawsuit against the doctor, nurse, or other health care worker responsible for your injuries. To secure the compensation you need to recover, you will need to gather evidence to establish the medical professional’s negligence.
There are four elements of negligence you will need to prove:
- The at-fault medical professional owed you a duty of care. Health care workers owe a duty of care to patients they treat in a professional capacity, such as at a hospital, clinic, emergency room, or doctor’s office. You cannot file a lawsuit against a friend who provides medical advice at a party, for example.
- The at-fault professional breached his or her duty of care through a negligent act or failure to act. Misdiagnosis, prescription errors, wrong-site surgery, and failure to monitor vital signs are common examples of breach of duty.
- The at-fault professional’s breach of duty directly caused your injury or illness. You must also prove that another professional in the same position would not have taken the same actions. For example, if you have a previously unknown medical condition, you cannot hold a doctor liable for misdiagnosis.
- You sustained damages due to the at-fault professional’s breach of duty that you can recover through your lawsuit. These damages include past and future medical expenses, lost wages, and pain and suffering.
There are multiple pieces of evidence that you can use to prove your right to compensation. Your medical records can establish that the at-fault party owed you a duty of care. These documents will also establish the extent of your injuries, the condition you originally sought care for, and the treatment you needed to receive to recover from the malpractice. Witness testimony, paystubs, correspondence, and journal entries can also establish the at-fault party’s negligence.
Since medical malpractice claims are highly technical, you may need the help of expert witnesses to validate your case. The Kansas City medical malpractice lawyers at Goza & Honnold, LLC can enlist the help of medical professionals who can provide testimony on the at-fault party’s actions and what a reasonably prudent and similarly qualified professional would have done under the same circumstances. These experts can also testify on the nature of your injuries, helping establish causation.
Why You Should File a Medical Malpractice Claim
Medical malpractice can cause serious harm. For example, if you go to the emergency room after a car accident and the attending physician discharges you without checking for internal injuries, your condition could worsen and you could suffer life-threatening complications. If your doctor dismisses your unexpected weight loss during a routine appointment and another physician later diagnoses you with cancer, your prognosis could be much worse than it would have been if the first doctor identified your symptoms.
After this act of negligence, you can sustain certain losses, known as damages. For example, your medical expenses may increase due to your new or worsening condition. You may be unable to go to work, losing weeks of wages. You may also suffer from physical pain and emotional suffering due to your condition, impacting your quality of life. These damages can lead to significant financial and personal hardship.
In a medical malpractice claim, you can recover compensation for all of the losses you endured because of the at-fault party’s negligence. With this compensation, you can pay for your future medical care, settle the debts you incurred due to the malpractice, and support yourself and your family in the years following your case. The medical malpractice lawyers in Kansas City at Goza & Honnold, LLC will help you identify your optimal path to maximum recovery.
Missouri allows medical malpractice victims to seek compensation for the full value of their economic damages, such as medical expenses and lost wages. You can recover up to $400,000 in pain and suffering damages, or up to $700,000 if your case involves catastrophic injury or wrongful death.
Contact a Medical Malpractice Attorney in Kansas City Today!
Medical professionals owe a duty of care to their patients. If you suffered an injury due to the negligent actions of a doctor, nurse, or other health care worker, you may be eligible for financial compensation. Trust the medical malpractice attorneys at Goza & Honnold, LLC to support you on your path to recovery.
Contact our medical malpractice lawyers in Kansas City today by calling 913-451-3433 or schedule a free consultation and discuss your legal options. At your appointment, one of our attorneys will review your case and explain your next steps.
Frequently Asked Questions About Medical Malpractice in Kansas City
What constitutes medical malpractice in Kansas City?
Typically, medical malpractice means a medical professional failed to use the care that a reasonable and prudent medical professional would have used in the same or similar circumstances.
How much time do I have to file a medical malpractice lawsuit?
The statute of limitations on medical malpractice claims in Kansas and Missouri is generally two years, but the start date for calculating the statute of limitations can vary based on many factors. Also, if the injured party is a minor, laws in both states allow additional time to file a lawsuit. It is important to consult an experienced attorney to arrive at the correct statute of limitations for your unique case. Our lawyers always undertake a careful analysis to determine accurate filing deadlines for our clients.
Who do I sue for a medical malpractice claim?
The defendants named in a lawsuit depend on the facts of the claim and the relevant laws. Goza & Honnold’s lawyers thoroughly review our clients’ medical records to ascertain all possible defendants and discuss the possibilities with our clients prior to filing.
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