Medical Misdiagnosis Lawyers | Kansas City
The consequences of a medical misdiagnosis can be life-altering.
What should have been a manageable condition might turn into a severe, sometimes fatal situation due to a healthcare provider’s failure to diagnose an illness or injury correctly.
A Kansas City misdiagnosis lawyer can make all the difference in these critical moments.
At Dempsey Kingsland & Osteen, our Kansas City misdiagnosis lawyers are known for their meticulous approach and unparalleled experience handling complex medical malpractice cases.
With over 40 years of litigation experience, our firm is widely recognized as the premier law firm for medical malpractice, catastrophic injuries, and wrongful death cases in Kansas City.
Think you have a medical misdiagnosis case in Kansas City? Contact us today to schedule a consultation with a member of our team.
What Is Medical Misdiagnosis?
Medical misdiagnosis occurs when a healthcare provider fails to diagnose a patient’s condition accurately or promptly.
This error can lead to inappropriate treatment, delayed treatment, or no treatment at all, exacerbating the patient’s condition and leading to more severe health issues or even death.
In Missouri, the law allows victims of medical misdiagnosis to pursue legal action against responsible healthcare providers.
However, these cases are complex and require a deep understanding of medical and legal principles.
How Does Medical Misdiagnosis Occur?
Several factors contribute to medical misdiagnosis, including:
- Inadequate testing—failing to order the correct diagnostic tests or misinterpreting test results;
- Communication failures—poor communication between medical staff, doctors, and patients can lead to incorrect diagnoses; and
- Overworked staff—healthcare providers may be overworked or fatigued, increasing the likelihood of errors.
Understanding why a misdiagnosis occurred is crucial in building a strong legal case.
Our Kansas City medical misdiagnosis attorneys work closely with a team of medical experts, including full-time doctors and nurses on staff, to thoroughly investigate each case. We leave no stone unturned in our pursuit of justice.
How Do I Prove Medical Negligence?
In Missouri, proving medical negligence in a misdiagnosis case involves demonstrating that the healthcare provider failed to meet the expected standard of care, harming the patient.
To establish this, a Kansas City medical malpractice lawyer must show:
- Duty of care—the healthcare provider owed a duty of care to the patient;
- Breach of duty—the provider breached that duty by failing to diagnose the condition correctly;
- Causation—the breach of duty directly caused harm to the patient; and
- Damages—the patient suffered damages due to the misdiagnosis, which could include additional medical costs, pain and suffering, or loss of income.
These elements are not always straightforward to prove, particularly in complex cases where multiple factors may have contributed to the outcome. In these situations, the expertise of a Kansas City medical misdiagnosis attorney becomes invaluable.
How Long Do I Have to File a Medical Misdiagnosis Claim in Kansas City?
The statute of limitations is a legal deadline for filing a lawsuit. In Missouri and Kansas, the period to file a medical misdiagnosis claim is typically two years from the date of the negligent act.
The statute exists to ensure that evidence remains fresh and to provide fairness to all parties involved.
However, exceptions may affect this period, such as cases involving minors. It is crucial to consult with a skilled Kansas City medical misdiagnosis attorney as soon as possible to ensure the timely filing of your case.
Missing this deadline could preclude your ability to recover any compensation.
What Damages Can I Recover with a Medical Misdiagnosis Claim?
You may be entitled to recover damages if you or a loved one has suffered due to a medical misdiagnosis.
These damages compensate you for the physical, emotional, and financial hardships caused by the negligence of a healthcare provider.
Understanding the potential compensation available can help you make informed decisions about pursuing a medical misdiagnosis claim. Compensation may include:
- Medical expenses. These damages include the cost of medical treatment due to the misdiagnosis, such as surgeries, hospital stays, medication, and rehabilitation. You can also recover damages if the misdiagnosis leads to ongoing or permanent health issues and future medical expenses, such as home care and assistive medical devices.
- Lost wages. If you were unable to work due to the consequences of the misdiagnosis, you may receive compensation for the wages you lost during your recovery. Additionally, if your ability to work in the future has been compromised, you could claim compensation for lost earning capacity.
- Other financial losses. Any other out-of-pocket expenses related to the misdiagnosis, such as transportation to medical appointments or modifications to your home, may also be recoverable.
- Pain and suffering. This damage covers the physical pain and emotional distress you experienced as a result of the misdiagnosis. The severity and duration of your suffering can influence the amount awarded.
- Loss of consortium. If the misdiagnosis affected your relationship with your spouse or family members, you could claim for the loss of companionship, affection, or support.
While economic damages are often straightforward to calculate based on bills and financial records, noneconomic damages can be more challenging to quantify.
So, having an experienced Kansas City medical misdiagnosis attorney is crucial. At Dempsey Kingsland & Osteen, we meticulously evaluate every aspect of your case to ensure that all potential damages are identified and accurately calculated.
We understand the full impact a medical misdiagnosis can have on your life and will fight to secure the maximum compensation you deserve.
How Can a Kansas City Medical Misdiagnosis Attorney Help?
At Dempsey Kingsland & Osteen, we understand the devastating impact a medical misdiagnosis can have on your life and the lives of your loved ones.
With over two decades of extensive litigation experience, our firm has earned a reputation as the go-to legal advocate for medical malpractice victims in Kansas City. We offer:
- Comprehensive case evaluation. We start by thoroughly evaluating your case and consulting with our in-house medical experts to determine whether negligence occurred.
- Personalized legal strategy. Every case is unique, and we develop a legal strategy tailored to the specific circumstances of your case.
- Aggressive litigation. We are known for relentlessly pursuing justice and are prepared to take your case to trial if necessary. Insurance companies know of our formidable representation.
- Client-centered advocacy. We pride ourselves on our client-first approach, ensuring that you are informed and involved every step of the way. Our attorneys are compassionate advocates who care about achieving your best outcome.
Our team approach ensures that every angle of the case is examined thoroughly, providing our clients with the most robust possible representation.
Contact a Kansas City Medical Malpractice Lawyer
Medical misdiagnosis cases are among the most complex and challenging in medical malpractice law.
When your health and future are on the line, you need a Kansas City misdiagnosis lawyer with the experience, resources, and dedication to fight for your rights.
At Dempsey Kingsland & Osteen, our team of experienced attorneys, supported by in-house medical experts, is ready to provide the skilled representation you need to pursue justice.
Please contact us if a medical misdiagnosis has harmed you or a loved one. We are here to help you navigate this difficult time and will work tirelessly to secure the compensation you deserve.
Call us today to schedule a free consultation with a Kansas City medical misdiagnosis attorney and take the first step towards holding those responsible accountable.
