Medical malpractice occurs when a healthcare provider fails to provide the expected standard of care and harms a patient. This failure can include misdiagnosis, surgical errors, medication errors, anesthesia errors, birth injuries, nursing home neglect, and other types of negligence.
Medical malpractice can have significant consequences for patients and their families. If you received medical treatment in Kansas City, MO, and believe your healthcare provider’s negligence harmed you, you may wonder if you have a medical malpractice claim. This article will explore key factors that can help you determine whether you have a potential case.
Winning a Medical Malpractice Lawsuit
You may be wondering, how do I know if I have a malpractice case? Specific laws and regulations govern medical malpractice claims in Kansas City, Missouri.
Generally, though, you will have to establish negligence, which means you must show that the healthcare provider acted in a way that a reasonable healthcare provider would not have acted in the same situation, leading to your injury. The following are other essential factors to consider when evaluating your case.
Is There a Doctor-Patient Relationship?
You must establish that you had a doctor-patient relationship with the healthcare provider in question. To establish a doctor-patient relationship, you must be able to prove that you hired the healthcare provider and that they agreed to provide you with medical care.
Did the Healthcare Provider Breach Their Duty of Care?
Legally, healthcare providers must provide the same level of care that a reasonably prudent healthcare provider would provide in similar circumstances. That means healthcare providers must follow recognized medical standards and protocols when treating patients to satisfy their duty of care. When healthcare providers fail to provide the requisite standard of care, they are said to have breached their duty of care.
Did the Breach of Duty Cause You Harm?
You do not have a malpractice case if the healthcare provider’s actions did not harm you. However, if, for example, you suffered a worsened medical condition or additional medical bills, you may have a malpractice case.
Was the Harm a Result of Negligence?
A causal link between your medical provider’s actions and your injury must exist. In other words, your harm must have been the result of the healthcare provider’s negligence. You must also show that you would not have suffered the injury if the healthcare provider had not been negligent.
How Severe Was Your Injury?
Not all instances of medical malpractice result in injury, and not all injuries are serious enough to warrant a medical malpractice lawsuit. To have a valid medical malpractice case, your injury must be significant enough to have caused physical or emotional harm, resulting in measurable damages.
How Much Does a Malpractice Lawyer Cost?
The cost of a medical malpractice lawyer in Kansas City, MO, can vary based on the case’s complexity and the amount of time and resources required to pursue the claim. Some medical malpractice lawyers work on a contingency fee basis, which means they only get paid if they win your case.
The fee is usually a percentage of the settlement or jury award, typically ranging from 25% to 40% of the total amount recovered. However, some lawyers charge an hourly fee, a flat fee, or use a combination of these arrangements.
Discussing the costs and payment structure with a lawyer during the initial consultation is essential to ensure that you understand the financial implications of pursuing a medical malpractice claim.
Contact Dempsey Kingsland & Osteen, Kansas City’s Leading Medical Malpractice & Injury Firm
At Dempsey Kingsland & Osteen, our experienced and compassionate medical malpractice client advocates have been resolving serious medical malpractice cases since 1986.
Our firm is known locally as the premier law firm for medical malpractice cases and employs a full-time doctor and nurse to assist us with malpractice claims. When it comes to investigating your case, we leave no stone unturned. Our client-first approach means you will receive caring professional attention while we help you seek the compensation you deserve.
Contact us today so that we can evaluate your case and help you understand your legal options. We offer free consultations and evening and weekend appointments.