Independence, MO Medical Malpractice Attorney

Medical Malpractice

Have you left a medical facility with more health issues than you arrived with? Were you or a loved one the subject of a misdiagnosis or a delayed diagnosis that had severe consequences? Is there a lack of clear answers regarding the unfortunate outcomes of your medical treatment? It may be time to consult with a leading Independence medical malpractice attorney at Dempsey Kingsland & Osteen. 

If you have encountered any of these or other complications resulting from medical treatment, you might be entitled to pursue a medical malpractice claim. When a patient suffers from inadequate care, they have the right to seek knowledgeable and experienced legal representation. 

For more than three decades, Dempsey Kingsland & Osteen has been at the forefront of advocating for victims of medical negligence. Renowned for our proficiency in medical malpractice litigation, our firm has a dedicated and skillful team, including paralegals, legal assistants, and, notably, a full-time physician and registered nurse who work closely with our office. This unique blend of legal and medical knowledge positions us as one of Independence, MO’s best malpractice attorney firms. 

Why Choose Dempsey, Kingsland & Osteen as Your Medical Malpractice Lawyer in Missouri?

When facing a medical negligence claim, the choice of legal representation can make all the difference. At Dempsey Kingsland & Osteen, we understand that each medical malpractice case is as unique as the individuals involved. We meticulously tailor our approach to meet your specific needs and circumstances. 

We believe in building a relationship of trust and transparency, ensuring that our clients are fully informed and involved at every stage of their case. Leveraging our attorneys’ diverse expertise, alongside our medical professionals’ invaluable insights, allows us to construct a comprehensive and formidable case strategy. This multidisciplinary team approach ensures that all aspects of a case, from legal nuances to complex medical details, are thoroughly examined and effectively addressed.

Types of Medical Malpractice Cases We Handle

Our medical malpractice attorneys in Independence handle a wide variety of cases, reflecting the diverse and complex forms of malpractice. The following are some of the most common types of cases we handle. 

Misdiagnosis and Failure to Diagnose

Much of our practice involves cases where a healthcare provider has either failed to diagnose or misdiagnosed a severe condition, leading to worsening health or missed treatment opportunities. Our team meticulously investigates these cases to establish the link between the healthcare provider’s oversight and a patient’s subsequent harm.

Surgical Errors

We handle cases involving surgical mistakes, such as wrong-site surgeries, incorrect procedures, or postoperative complications due to negligence. These errors can have devastating, lifelong impacts, and our firm is committed to securing just compensation for affected clients.

Medication and Anesthesia Errors

Medical malpractice includes claims where medication or anesthesia administration errors resulted in serious harm. These errors can be catastrophic, which is why it’s crucial to hold responsible parties accountable. 

Birth Injuries

Birth-related medical malpractice claims are particularly sensitive and demand a high level of expertise. We routinely represent families affected by a provider’s negligent prenatal care, labor and delivery mishaps, or neonatal care failures that result in injury or disability to the mother or child.

Medical Product Liability

Our experience includes cases where defective medical devices or products have caused injury. We collaborate with medical experts to investigate these cases and pursue claims against manufacturers or distributors.

How to Prove Medical Malpractice

Pursuing a medical malpractice claim can be a complex process. Before you can collect compensation, you must prove the medical provider was negligent. That requires you to establish the elements of negligence, starting by proving that a doctor-patient relationship existed. Next, you must establish the medical provider breached their duty of care by showing that the doctor deviated from the accepted standard of care. 

The third element, proving causation, is critical. That means you show there is a link between the breach of care and your injuries. Expert testimonies are crucial in medical malpractice claims. Our team collaborates with leading medical professionals who lend their expertise to substantiate claims. These experts help decipher complex medical data and explain how the deviation from standard care led to the client’s injuries.

Finally, you must show you sustained damages, such as medical expenses and lost wages. Tangible financial losses are the final element of a successful medical malpractice claim. 

Statute of Limitations for Medical Malpractice 

Understanding the statute of limitations is critical when considering a medical malpractice claim. Generally, the statute of limitations for medical malpractice claims in Missouri is two years from the date the negligent act occurred or the date of discovery of the injury. However, this can vary based on specific circumstances.

There are exceptions, particularly in cases involving minors or situations where the negligence was not immediately discoverable. Our team can help you navigate these complexities and determine the appropriate timeframe for filing your claim. It’s crucial not to miss the filing deadline, or the court could dismiss your case. It doesn’t matter how strong your case is; courts aren’t forgiving if you miss the deadline. 

Types of Damages in Medical Malpractice Cases

An Independence medical malpractice attorney can help you seek maximum compensation. Your damages fall into two main categories—economic and noneconomic. Your economic damages are quantifiable financial losses such as medical expenses, lost wages, and loss of future earning capacity due to the injury.

Noneconomic damages are intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In cases where the medical provider’s conduct is intentional or malicious, the court might award punitive damages to punish the wrongdoer and deter similar conduct in the future.

How We Can Help You

At Dempsey Kingsland & Osteen, our commitment to every client extends beyond legal representation. We will be there for you through every step of the legal process, ensuring you never feel alone. Here are some ways your Independence medical malpractice attorney will assist you when pursuing a medical negligence case: 

• Initial consultation. During your initial consultation, we listen intently to your story, evaluate the details of your case, and provide an honest assessment of its merits. 
• Investigation and building a strong case against the medical provider. Our legal and medical team collaborates to conduct exhaustive research into your claim by gathering evidence, reviewing medical records, and consulting medical experts to construct a robust case. Our approach is not just about proving negligence; it’s about painting a clear picture of the malpractice’s impact on your life.
• Develop a legal strategy. Armed with evidence and expert opinions, we craft a legal strategy tailored to the specifics of your case. Our attorneys are skilled negotiators and litigators, prepared to advocate fiercely on your behalf, whether in settlement negotiations or the courtroom.
• Provide support and regular communication. Throughout the process, we maintain open lines of communication with our clients. We understand that the legal process can be overwhelming, and we are here to answer your questions, provide regular updates, and offer reassurance.
• Negotiate a settlement. Our ultimate goal is to secure the best possible outcome for you. Whether through a favorable settlement or a successful trial verdict, we strive to obtain the compensation you deserve for medical expenses, lost wages, pain, and suffering. 

Our role doesn’t end when the settlement check is cut; we also offer guidance on navigating life post-resolution, ensuring you’re supported in your recovery journey. With our comprehensive approach and unwavering dedication, we stand by your side, ready to fight for the compensation and justice you deserve.

Contact a Medical Malpractice Lawyer in Independence, MO 

If you’re looking for the best malpractice attorney in Independence, MO, contact Dempsey Kingsland & Osteen. Let us put our decades of experience and knowledge to work for you. We’ve recovered millions of dollars for injured victims in Missouri and can help you pursue maximum compensation. Please get in touch with our office to schedule an initial consultation to learn how we can help.