Surgical Malpractice Lawyers | Kansas City | Since 1986

Medical Malpractice

Surgical Negligence Attorney | Kansas City

Surgical negligence or malpractice can have devastating consequences. The nature of surgical malpractice and the fact that patients are often unconscious makes it challenging to identify and hold those responsible accountable for their actions.

Whether you know that specific surgical negligence occurred or awoke and have a sneaky suspicion that something is not quite right, you should seek appropriate medical care and legal assistance from a Kansas City surgical error attorney.

What Is Surgical Negligence?

Surgical negligence is a form of medical malpractice during surgery, pre-op or post-op. While most often it occurs at the hands of the surgeon, other individuals can cause or contribute to it including hospitals, surgery centers, nurses, anesthesiologists, and any other healthcare professionals involved with the preparation, surgery, and recovery.

If the doctor or medical professional deviates from the accepted standard of practice, they may be held liable for the injury and harm the patient suffers.

Common Surgical Errors in Kansas City

Surgeries are complex and intricate and, by nature, are open to many errors and complications. Not all complications or mistakes are medical malpractice, though. There are infinite types of surgical errors, but there are common ones that we often see.

Wrong-Site Surgery Malpractice

Wrong-site surgery is exactly what you think it is: surgery performed on the wrong body part or location. Whether surgery is performed on the wrong body part, wrong side, or entirely incorrect location, it can have catastrophic results.

For instance, if a surgeon operates on the left knee instead of the right knee, not only will the knee necessitating surgery not be fixed, but now your “good” knee has been operated on unnecessarily. This can have terrible consequences. 

Wrong-site surgeries are relatively rare but can be some of the most devastating cases of surgical medical malpractice.  

Inserting Defective or Recalled Medical Devices

If a surgeon implants or inserts a defective or recalled medical device, it can lead to severe complications and further injury.

Surgeons have a responsibility to know that the devices they use on patients are working properly and safely. If a defective device harms you, you can also file a claim against the device manufacturer. 

Other types of surgical and surgery-related medical malpractice include:

• Failure to recognize and treat post-operative complications and infections;
• Missed, delayed, or incorrect diagnosis;
• Incorrect treatment of a fracture;
• Misinterpretation of diagnostic imaging such as MRIs, CT scans, and X-rays;
• Improperly setting or misaligning a broken bone;
• Failing to recognize an adverse reaction;
• Leaving surgical instruments inside the patient; and
• Other significant surgical errors.

It may seem easy to identify and prove surgical negligence. Still, it can actually be much more challenging to prove than you may think, mainly because tracing precisely how the negligence occurred can be difficult.

This makes sense, given that surgical negligence victims are usually under sedation and unconscious at the time the harm occurs.

Not only is it challenging to identify what happened, but it is also difficult to ascertain who might be responsible. It is not always as straightforward as the surgeon being solely liable for the negligence.

The assistant surgeon, nurse, anesthesiologist, radiologist, etc., can all be partially responsible. 

It is imperative to seek an attorney to investigate what transpired as soon as possible. Preserving evidence and investigating the who, what, when, and where of surgical negligence can mean the difference between a successful case and not.

How Do Surgical Errors Happen?

Surgical errors can happen for many reasons and will depend on the specific circumstances involved, including the type of surgery, associated risks, the overall health of the patient, any pre-existing conditions, and more.

However, complications and mistakes during surgery can happen because of a lack of training, inadequate supervision, failure to verify the patient’s history, and failure to call necessary timeouts.

Surgical errors can happen for various reasons, and it’s possible more than one factor contributed to the error. No matter how it may have occurred, it is essential to see that you receive the justice and compensation you deserve to move forward with your life. 

Proving Surgical Negligence 

Proving a surgical negligence malpractice case is much like proving any medical malpractice lawsuit. 

You prove a surgical negligence case in the same general manner you would any medical malpractice claim by showing:

• The surgeon or other medical professional owed you a standard duty of care that another  reasonable doctor would do with the same patient under similar circumstances;
• The surgeon violated the duty of care;
• You suffered an injury due to that breach of duty; and
• You suffered damages due to your injury. 

You must show that the doctor’s negligence directly caused you some actual loss or damage.

While there is no legal requirement to retain an attorney, proving your case often requires substantial knowledge of the law, procedure, and court rules.

It often requires expert testimony reports and highly specialized information. A surgical malpractice attorney can help!

Filing a Surgical Negligence Medical Malpractice Claim

One requirement and hurdle to a successful malpractice claim is the affidavit of merit requirement. In Missouri, a medical malpractice plaintiff must file an affidavit of merit in which a certified expert affirms that the surgeon’s deviation from the accepted standards of medical care caused your injury.

You must file this within 90 days; otherwise, you may lose your opportunity to pursue your claim. This often requires the assistance of surgical negligence lawyers.

Statutes of Limitations for Surgical Negligence Lawsuits in Missouri

Despite the severity of surgical malpractice, you do not have the right to file a lawsuit at any time. You must initiate your claim within the statute of limitations or prescribed time frame allowed under the law.

This can vary from state to state and among types of cases. For medical malpractice cases, including surgical negligence, in Missouri, an injured patient typically has two years from the date of injury to initiate their legal proceeding. 

Some exceptions might apply to your case and shorten or lengthen the time you must file your claim. For instance, minors under 18 will have two years from their 18th birthday to initiate their lawsuit. 

Statutes of Limitations for Surgical Negligence in Kansas

Do you live next door in neighboring Kansas? Like Missouri law, in Kansas, for surgical negligence lawsuits, you typically have two years from the date of injury or from when you reasonably should have discovered your injury to initiate your complaint.

Surgical malpractice victims are not always immediately aware that they have been harmed, due in large part to the fact that they are most often unconscious at the time the injury occurs.

It may not be until much later that they discover a doctor’s error injured them. Notably, pursuant to the statute of repose in Kansas, a patient only has up to four years to file a medical malpractice claim, no matter when the injury was discovered. 

How a Surgical Negligence Attorney in Kansas City Can Help

A Kansas City surgical error lawyer can assist you from the inception of your claim to a trial. Surgical malpractice and medical malpractice, in general, are highly specialized.

While going to your local mom-and-pop law firm for a neighbor dispute or parking ticket is perfectly fine, if you are injured by surgical malpractice, it is best to hire an attorney with medical malpractice experience and expertise.

Even identifying exactly what transpired while you were on the operating table can take extensive investigation, long before you even begin the litigation process. 

See what our clients have to say about our services:

Why Dempsey Kingsland & Osteen Is the Best Choice for Your Surgical Negligence Case 

At Dempsey Kingsland & Osteen, our practice is dedicated to helping victims of the worst medical malpractice and catastrophic personal injuries.

We have provided compassionate and unparalleled legal representation to the Kansas City community for nearly four decades. Among other things, we:

• Offer free consultations, including evening and weekend appointments,
• Will make house or hospital calls for our most injured clients,
• Have been named to SuperLawyers eight years in a row,
• Have access to valuable resources,
• Have a licensed physician and lawyer, and  
• Have an in-depth knowledge of the law and the local court system,
• Do not get paid unless you win. 

Contact us to schedule an initial consultation at your convenience with our surgical negligence lawyers.

Where to find our Kansas City, MO office: