If anyone’s negligence hurts you, it can be upsetting and life-altering. However, being injured by a doctor that you trusted with your care can be especially devastating.
If a doctor or other medical professional injured you or someone you love, you may be entitled to compensation. Medical negligence injuries can be severe and permanent and have drastic negative consequences on your life.
Contact the top Kansas medical malpractice attorneys at Dempsey Kingsland & Osteen.
What Is Medical Malpractice?
Most people have heard the term medical malpractice before, but you may not be familiar with the legal definition and all that it can encompass.
Medical malpractice or medical negligence happens when a medical healthcare professional, through a negligent action or omission, causes injury to their patient. Most often, it is a doctor, but medical malpractice can be committed by any healthcare provider, including:
- Doctors,
- Nurses,
- Hospitals,
- Outpatient surgery centers,
- Therapists,
- Anesthesiologist,
- Technicians,
- Chiropractors,
- Aides,
- Dentists,
- Optometrists,
- Laboratories, and
- Pharmacists.
It is also common for several potentially liable parties to be involved in the malpractice.
Any medical professional who owed you a duty of care and failed to uphold that duty can be liable for the injury and harm you suffered.
Legally, medical malpractice is a cause of action in a lawsuit filed by an injured patient against the negligent medical provider. Not all medical errors or mistakes will rise to the level of medical malpractice.
Generally, for an act or omission to be malpractice, the doctor or other healthcare provider must have deviated from the accepted standards of medical practice.
An experienced medical malpractice attorney in Kansas will help you investigate your claim and all potentially liable parties.
Types of Medical Malpractice Cases Our Lawyers Handle
At Dempsey Kingsland Osteen, our lawyer for medical malpractice is dedicated to medical malpractice and serious injury cases. Below are several types of med mal cases our Kansas medical malpractice lawyers can help you with.
Orthopedic Surgical Errors
Orthopedic injuries from motor vehicle accidents, sports trauma, and even violence often require extensive surgical repair.
Broken bones, torn ligaments and tendons, damaged joints, compound fractures, and dislocations are all common orthopedic injuries requiring surgery.
Common types of orthopedic malpractice include:
- Wrong-site surgery,
- Inserting defective or recalled medical devices,
- Left behind a foreign object,
- Post-operative infections, and
- Significant surgical errors.
Orthopedic surgery is intricate and extensive and usually requires significant physical therapy and rehabilitation afterward. If you are injured by a negligent surgeon or healthcare provider, we can help you hold them accountable for the harm you endured.
Obstetrical and Delivery Mistakes
An obstetrician (OB) is there to monitor your pregnancy and safely deliver your baby. Unfortunately, negligence and OB errors are not uncommon and can lead to catastrophic injuries to both mother and child.
Lack of prenatal testing, delayed diagnosis and treatment, unsafe delivery practices, improper training, and lack of communication can lead to unimaginable injury to your child. At DKO, we have helped families hold OBs accountable for their negligent actions that significantly and permanently injured their children.
Anesthesia Errors
Anesthesia errors are not uncommon and can occur for many reasons under various circumstances. Anesthesiologists, as well as any medical provider involved in patient care while receiving anesthesia, could be liable for injuries that occur. Common anesthesia errors include:
- Dosing mistakes (i.e., too much or too little anesthesia),
- Administering the wrong type of anesthesia,
- Failure to promptly recognize an adverse reaction,
- Administering anesthesia despite a known patient allergy,
- Improper intubation,
- Failure to monitor the patient’s vitals,
- Using unsanitary or defective equipment, and
- Failure to adequately monitor during the post-op period.
Anesthesia errors can lead to permanent injury but are often some of the most complicated claims to pursue because the patient is usually unconscious when the harm occurs.
Our attorneys will conduct an in-depth investigation.
Other types of medical malpractice cases we handle:
- Cancer misdiagnosis,
- Medication errors,
- Emergency room mistakes,
- Brain injury,
- Cardiology mistakes,
- Nursing home negligence, and
- Urgent care negligence.
Any type of medical malpractice can be devastating to the patient and their family. Our team can help you seek the justice and compensation you deserve.
Vaccine Injuries
Our experience includes cases where medical professional administer the wrong vaccine to patients.
See what our amazing clients have to say about our services:
Statutes of Limitations for Medical Malpractice in Kansas
Generally, a statute of limitation is a timeframe in which you have to initiate your court case. In Kansas, for medical malpractice claims, you typically have two years from the date of injury or from when you reasonably should have discovered your injury to file your complaint.
The law considers that medical malpractice victims do not always immediately know that they have been harmed. Sometimes, it is not until much later that they discover they were injured by a doctor’s error.
However, pursuant to the statute of repose, a patient only has up to four years to file a medical malpractice claim, no matter when the injury was discovered.
Possible Applicable Exceptions
Some exceptions might apply under specific circumstances.
Minors
One of the most critical and common exceptions that might apply to the general statute of limitations is for injured minors. Injured minors must file the case within one year after their eighteenth birthday or eight years after the occurrence of the malpractice, whichever is sooner.
Medical Malpractice Resulting in Death
A person filing a wrongful death claim on behalf of a deceased patient will typically have two years from the date of the patient’s death to initiate a lawsuit.
Speaking with a seasoned malpractice attorney as soon as you can preserve your right to file a claim is essential.
What Damages Can Be Claimed in a Medical Malpractice Lawsuit?
The extent of damages you may seek in your medical malpractice lawsuit will depend mainly on your case’s specific facts and circumstances.
Who the defendants are, and the applicable insurance policies play a huge role in how much money you can recover. Generally, you can seek compensatory, including economic and non-economic damages, for medical malpractice injuries. These include:
- Past and future medical expenses,
- Lost income,
- Disability,
- Loss of enjoyment of life,
- Pain and suffering,
- Scarring and disfigurement, and
- Emotional distress.
In rare instances of exceptionally negligent or reckless conduct, a plaintiff can seek punitive damages to punish the defendant for their egregious behavior.
Recent Medical Malpractice Settlement
The Case: Our client, a forty-three year old male, was hospitalized because of chest pain. Client had numerous risk factors for heart disease. Labs and an EKG performed after the client was admitted indicated that client was at imminent risk for a heart attack but no action was taken until after it occurred. The client was able to return to his job but he sustained some heart muscle damage. The case settled before trial for $275,000.
Disclaimer: Please keep in mind that testimonials or reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, as the facts and circumstances of each case differ.
How a Kansas Medical Malpractice Attorney Can Help
Medical malpractice cases are complex and highly specialized and often involve medical experts, reports, and testimony. A Kansas medical malpractice attorney can help you conduct an in-depth investigation into what happened, who is liable, and potentially access resources you may not be able to on your own.
Kansas law requires you to file a certificate of merit in any action against a healthcare provider for damages for injury or death.
The certificate must be filed with the court stating the plaintiff has obtained the opinion of a legally qualified expert to attest that the defendant health care provider deviated from the accepted standard of care under the circumstances and such failure to use reasonable care directly caused or directly contributed to the injury and harm.
The certificate must be filed within 120 days of filing the initial complaint. Your medical malpractice attorney will help you with this vital requirement.
Why DKO Is the Best Choice for Your Medical Malpractice Case
Specific tasks, chores, and even legal problems require expert care. For instance, you would not hire a plumber to fix electrical problems.
Similarly, you should not hire a criminal defense attorney to help you with your medical malpractice claim. When dealing with a medical negligence claim, it is imperative to have a lawyer who handles medical malpractice cases daily.
At Dempsey Kingsland & Osteen, we are dedicated medical malpractice lawyers. We only handle the most complicated and severe injury cases.
Our team are experienced and knowledgeable medical malpractice lawyers in Kansas. We have an esteemed reputation among the community, insurance companies, and courts. When it comes to your case, we have the best medical malpractice attorney to advocate for you.
Contact an Experienced Medical Malpractice Attorney in Kansas for a Free Consultation
When a trusted doctor or medical provider causes harm, it can feel overwhelming and unjust. At Dempsey Kingsland & Osteen, we understand how devastating medical negligence can be, and we are here to help.
Our experienced Kansas medical malpractice attorneys will evaluate your case, explain your legal options, and fight to recover the compensation you deserve.
With decades of experience handling complex medical malpractice claims, we’re equipped to hold negligent healthcare providers accountable for the harm they’ve caused.
Whether you or a loved one has suffered from a surgical error, misdiagnosis, or another form of malpractice, don’t wait to seek justice.
Contact us today for a free consultation to discuss your case and take the first step toward protecting your rights and future. Let us provide the expert guidance and compassionate support you need during this challenging time.
Medical Malpractice FAQs
How Long Does It Take to Resolve a Medical Malpractice Case?
The length of time it takes to resolve a medical malpractice case can vary greatly depending on the complexity of the case, the severity of the injury, and whether the case is settled out of court or goes to trial.
On average, a medical malpractice case can take anywhere from several months to a few years to fully resolve. Your attorney will work diligently to ensure your case progresses as efficiently as possible while ensuring that your rights are fully protected.
Can I File a Medical Malpractice Claim if I Wasn’t Aware of the Injury Right Away?
Yes, you can still file a claim even if you didn’t immediately realize you were injured. Kansas law allows you to file a medical malpractice claim within two years from the date you discover or reasonably should have discovered the injury. However, you must file within four years of the malpractice occurring, regardless of when you discovered the injury.
How Much Does It Cost to Hire a Medical Malpractice Lawyer?
Many medical malpractice attorneys, including those at Dempsey Kingsland Osteen, work on a contingency fee basis. This means you do not pay any upfront fees. The attorney will only charge a fee if they successfully recover compensation for you. This structure allows you to pursue justice without worrying about paying legal fees out of pocket.
What Is the Difference Between Medical Malpractice and Medical Errors?
While medical errors are common and can happen in any healthcare setting, medical malpractice specifically refers to a situation where a healthcare provider’s actions or omissions deviate from accepted medical standards and cause harm to a patient. Not all medical mistakes qualify as malpractice; the key factor is whether the provider acted negligently or failed to meet the standard of care expected of them.
Contact an Experienced Medical Malpractice Attorney in Kansas for a Free Consultation
When a trusted doctor or medical provider causes harm, it can feel overwhelming and unjust. At Dempsey Kingsland Osteen, we understand how devastating medical negligence can be, and we are here to help. Our experienced Kansas medical malpractice attorneys will evaluate your case, explain your legal options, and fight to recover the compensation you deserve.
With decades of experience handling complex medical malpractice claims, we’re equipped to hold negligent healthcare providers accountable for the harm they’ve caused. Whether you or a loved one has suffered from a surgical error, misdiagnosis, or another form of malpractice, don’t wait to seek justice.
Contact us today for a free consultation to discuss your case and take the first step toward protecting your rights and future. Let us provide the expert guidance and compassionate support you need during this challenging time.
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