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Our Recent Medical Malpractice Results
Who Can Be Held Responsible For Medical MalpracticE?
It is important to know that a medical malpractice claim can be brought against any medical professional who is responsible for providing you medical care and treatment. Healthcare professionals may include:
- Physician assistants
- Nurse Practitioners
- As well as any other entity or individual providing health care services
Are You A Victim Of Medical Malpractice?
Medical malpractice claims can be filed for many different types of professional negligence. Errors often occur when healthcare providers do not adequately communicate with each other and/or with the patient. Types of medical malpractice actions may include:
- Misdiagnosis / Failure to Diagnose
- Medication & Pharmaceutical Errors
- Surgical Errors or Performing Surgery on the Wrong Area
- Unnecessary Surgery
- Pregnancy Complications
- Birth Complications & Injuries
- Premature Discharge
- Nursing Errors
- Emergency Room Mistakes
- Pharmacy Errors
- Chiropractic Malpractice
- Dental Malpractice
Failure to recognize an illness or injury may provide a reason for a claim if a medical professional should have identified your undiagnosed disease, illness or injury, given your condition and symptoms. Disregarding or not taking appropriate patient history can lead to mistakes and injury. Failing to order proper testing can result in negligence when an injury occurs. Misreading or ignoring laboratory results can result in injury. Physicians who prescribe drugs with severe reactions or in wrong dosages may be held liable for their actions when an injury occurs.
Expert witnesses are required to prove medical negligence claims. Most states require proof of expert support at the time the lawsuit is filed. For example, in Missouri, an affidavit must be filed, pursuant to R.S.Mo. § 538.225, that states the plaintiff has obtained the written opinion of a “legally qualified health care provider” who opines that the defendant failed to use such care that a reasonably and careful prudent health care provider would have used under similar circumstances and that such failure caused or contributed to plaintiff’s damages. Under this statute, the health care affidavit must be filed within 90 days of filing the petition for damages.
Obtain the Compensation You Deserve – Speak to Our Kansas City Medical Malpractice Lawyers at Preuss | Foster Law.
When you or a loved one is ill or injured, you are likely already facing a great deal of stress. If you have been hurt or injured due to medical malpractice, the stress compounds. Your medical professional’s insurance company will likely have their lawyers evaluating the situation and fighting against your claim. These types of claims are very serious. They can mean thousands or millions of dollars in damages for an insurance company. They can also result in the loss of medical licensure for the medical professional at fault.
It is important for you to know that medical malpractice cases have some of the shortest statutes of limitation, which is the amount of time in which to bring a claim. In Missouri and Kansas, there is a two-year statute of limitations, meaning that a medical malpractice lawsuit must typically be filed within two years from when the negligence occurred. There are some exceptions to these statutes that we can help you evaluate depending on the circumstances of your situation.
If You’ve Been Hurt, We Can Help.
You can trust the personal injury team at Preuss | Foster Law to handle your case with the compassion and respect you deserve. Our team is experienced in handling medical negligence cases and working with the expert witnesses required to prove your case. Our team at Preuss | Foster Law will also help you manage the paperwork, insurance adjusters, and defense attorneys so you can focus on your health and getting the appropriate treatment you need.