When you enter a Kansas healthcare facility, you expect to be treated with care by highly educated and trained professionals. Unfortunately, despite high standards in the medical field, medical malpractice occurs all too frequently. Healthcare providers play a crucial role in medical malpractice cases, as establishing the standard of care expected from these professionals is essential. Medical malpractice victims often suffer injuries that impact their daily lives. As a result, medical malpractice victims often face long recoveries and significant expenses.
If you have been injured by a medical professional in Kansas, you deserve to be represented by a dedicated medical malpractice attorney. The dependable attorneys at Goza & Honnold have extensive experience helping clients achieve justice and recover damages through medical malpractice claims. When you partner with us, you can trust us to investigate your case and build a solid claim on your behalf.
Understanding Medical Malpractice in Kansas
Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm or injury to a patient. This can include errors in diagnosis, treatment, or aftercare, as well as failures to properly monitor or communicate with patients. Understanding the nuances of medical malpractice is crucial for anyone who believes they have been a victim of such negligence.
Definition of Medical Malpractice
Medical malpractice is a type of negligence that occurs when a healthcare provider deviates from the accepted standard of care in their profession. This can include:
- Failure to diagnose or misdiagnosis of a medical condition
- Improper treatment or medication
- Failure to properly monitor a patient’s condition
- Failure to communicate effectively with a patient or their family
- Failure to obtain informed consent for a medical procedure
These deviations can lead to significant harm, including worsening of the original condition, new health issues, or even wrongful death. If you suspect that you or a loved one has been a victim of medical malpractice, it is essential to consult with experienced medical malpractice attorneys who can help you understand your rights and options.
Kansas Medical Malpractice Laws
Kansas has specific laws and regulations governing medical malpractice claims. Understanding these laws is essential for patients who have been injured due to medical negligence. These laws dictate how and when you can file a claim, the types of damages you can seek, and any limitations on those damages.
Statute of Limitations for Medical Malpractice Claims
In Kansas, the statute of limitations for medical malpractice claims is two years from the date of the alleged malpractice or when the injury is reasonably ascertainable. This means that patients have two years from the date of the incident to file a lawsuit. However, the statute of limitations can be paused for up to 30 days after a medical screening panel issues its written recommendations. This pause allows for a thorough review of the case before proceeding with a lawsuit, ensuring that all aspects of the claim are carefully considered.
Kansas’ Damage Cap For Medical Malpractice Damages Explained
Many states have limits on medical malpractice damages known as damages caps. These damages caps limit the amount of compensation available for a medical malpractice victim’s non-economic damages. Non-economic damages refer to intangible burdens such as pain, suffering, and emotional distress.
Kansas used to have an incrementally-increasing damages cap. The most recent damages cap in Kansas limited a medical malpractice victim’s non-economic damages to $325,000 for cases that accrued between 2018 and July 1st, 2022. In 2019, however, the Kansas Supreme Court declared damages caps unconstitutional. As attorneys representing medical malpractice victims, we applauded this decision and have watched it make a tremendous difference for our clients and their families. A court determines the apportionment of blame, which impacts a plaintiff’s ability to recover damages based on the percentage of fault assigned to each party involved in the lawsuit. If you have questions about your potential claim and the current state of damages caps in Kansas, our office can guide you through the history and the recent court decision.
Economic damages, including past medical bills, ongoing future medical care, lost income, and diminished ability to earn a living, are uncapped in Kansas. Punitive damages, intended to punish defendants for egregious conduct, are subject to legal procedures and caps in Kansas medical malpractice cases.
Overview of the Damage Cap
Kansas has a law that limits non-economic damages in medical malpractice cases. Non-economic damages include compensation for pain and suffering, anxiety, worry, sleeplessness, scarring, and disfigurement. The damages cap was set at $325,000 for cases accruing on or after July 1, 2018, and before July 1, 2022. However, the Kansas Supreme Court ruled that the damage caps are unconstitutional in June 2019. Economic damages, including past medical bills, ongoing future medical care, lost income, and diminished ability to earn a living, are uncapped in Kansas.
It’s essential to note that the laws and regulations surrounding medical malpractice in Kansas can be complex and nuanced. If you or a loved one has been injured due to medical negligence, it’s crucial to consult with an experienced medical malpractice attorney who can help you navigate the legal system and ensure that your rights are protected.
What Damages Are Available Through a Kansas Medical Malpractice Claim?
The compassionate attorneys at Goza & Honnold understand the unique challenges of contending with medical malpractice injuries. We are dedicated to making the claims process as straightforward as possible, so that you can focus on your healing and recovery. Our goal is to help you obtain the maximum compensation possible for your economic and non-economic damages so you can take care of yourself and your family. Filing a medical malpractice lawsuit in Kansas involves understanding the statute of limitations, damage caps, and the role of medical malpractice screening panels in assessing claims. Some of the damages we can help you pursue include the following:
- Doctor’s visits and hospital stays
- Medical equipment and prescriptions
- Emotional trauma
- Loss of enjoyment in life
- Lost wages and earning potential
- Significant disfigurement or disability
- Wrongful death claim in cases where medical negligence leads to a patient’s death
- Pain and suffering
Your lawyer will work with you to understand the entirety of your injuries and how they impact your daily life. We strive to consider your current and future needs to help you recover compensation for the total value of your losses.
Discuss Your Case with a First-Class Kansas Medical Malpractice Attorney Today
Medical malpractice injuries can leave victims and their families feeling understandably overwhelmed and confused. Since medical malpractice cases are so complex, it is in your best interest to consult a knowledgeable attorney. Medical malpractice lawsuits in Kansas involve numerous nuances and procedural challenges, such as damage caps, the statute of limitations, and other legal intricacies.
The award-winning attorneys at Goza & Honnold have decades of experience successfully helping medical malpractice victims achieve justice and recover maximum compensation for their claims. You can trust us to put your needs first as we fight aggressively for your rights. To learn more about how we can help you and schedule a free consultation, call us today at (913) 451-3433 or complete our online contact form.