Medical Malpractice Attorneys in Olathe, Kansas
In Kansas, doctors and healthcare experts have a legal and moral duty to act reasonably and professionally. However, when the negligence, omission, or oversight of a doctor or hospital results in a medical complication, incapacitation, or other severe health consequences, the victim may be eligible to pursue damages through a medical malpractice claim.
At Adams Cross, LLC, we're committed to offering compassionate representation and experienced legal guidance to clients in their medical malpractice cases. As your legal counsel, we will evaluate all of the facts of your personal situation and analyze your available options to pursue compensation. Our highly-skilled Kansas personal injury attorneys will fight vigorously for your rights and help you recover your deserved financial compensation.
Adams Cross, LLC proudly represents clients across Olathe, Kansas, and surrounding areas throughout Wyandotte County, Lawrence, Johnson County, and the Kansas City Metro area.
We have the resources to advocate for the best interests of medical malpractice victims and their loved ones.
Medical Malpractice in Kansas
Medical malpractice occurs when a physician, health care provider, or hospital deviates from the expected standards of care. This may involve a failure to offer adequate treatment or take proper action. Thus, resulting in an injury to a patient or aggravating the patient's condition.
Examples of Common Medical Malpractice Claims
Below are some common examples of actions that may result in a medical malpractice claim:
Misdiagnosis or failure to diagnose
Failure to conduct appropriate or accurate testing
Poor aftercare or follow-up
Failure to warn a patient of known risks
Improper medication or dosage
Failure to take accurate patient history
Surgical or procedural errors
Improper treatment or failure to treat
Misreading, ignoring, or misinterpreting laboratory results
Failure to recognize symptoms
If you or someone you know has been the victim of medical malpractice or negligence, you need to speak with a highly-skilled personal injury attorney immediately. Your lawyer can help you understand the legal options available for you to pursue compensation and file your medical malpractice claims within the specified time limit.
Statute of Limitation
According to the Kansas medical malpractice statute of limitations, an action to recover damages against a doctor or health care provider must be commenced within:
Two (2) years after the victim is able to reasonably ascertain the fact of the injury, or
Four (4) years after the medical malpractice or negligence act was committed.
An experienced Kansas medical malpractice attorney can help identify the responsible party and make sure you file your claims as soon as possible.
Who Can Be Sued For Medical Malpractice?
Furthermore, medical negligence or malpractice usually occurs due to an unfortunate combination of factors. However, not only do doctors have a duty of care, but other healthcare providers and medical facilities do as well. A number of different medical professionals and organizations may be held accountable, depending on the surrounding circumstances. These include:
Doctors or physician
The hospital or medical facility
Urgent care centers
Hospital medical staff
A trusted attorney can review the facts of your case, help identify the negligent party, and provide all key requirements to prove your case.
Expert Medical Testimony Required
Additionally, when you file a medical malpractice claim in Kansas, you will be required to provide expert medical testimony to prove your case. According to Kansas medical malpractice expert qualifications rule, only a medical provider who has devoted at least half (50%) of their professional time to the actual clinical practice within the past two years before the alleged medical error can serve as an expert witness on the case.
Basic Elements of a Claim
To prove a medical malpractice claim and recover damages in Kansas, the claimant must prove these elements:
There was a doctor/patient relationship.
The physician or healthcare professional was negligent. This caused the patient's injury or medical complication.
The doctor or health care provider deviated from the accepted medical standard of care.
The deviation resulted in medical complications for the victim or their injuries.
The plaintiff suffered damages such as physical pain, extra medical expenses, mental anguish, reduced productivity, and missed time at work.
A seasoned lawyer can seek to prove negligence, help establish liability, and pursue the maximum financial justice you deserve.
The following damages may be recovered through a medical malpractice claim:
Medical expenses, including ongoing and future medical treatments
Lost wages and benefits
In-home care expenses
Loss of future earning capacity
Compensation for reduced ability to earn a living
Loss of enjoyment of life
Physical pain, discomfort, and suffering.
Compensation for loss of enjoyment of life
Loss of consortium or companionship
Wrongful death damages, where applicable.
Damage Cap for Non-Economic Damages
Previously, the damage cap on non-economic damages in Kansas was planned to be raised to $350,000 for cases filed on or after July 1, 2022. However, this has been ruled unconstitutional and against residents' rights by the Kansas Supreme Court. Therefore, the damage cap for non-economic damages no longer applies in the state.
Compassionate Legal Support
The oversight, negligence, or omission of a medical facility or healthcare provider can result in severe injuries, medical complications, or harm to patients. Thankfully, Kansas personal injury statutes allow victims of medical negligence or malpractice to seek damages for their injuries. Therefore, talking with a personal injury attorney is essential for precise guidance and to help protect your rights.
At Adams Cross, LLC, we have the resources to advocate for the best interests of medical malpractice victims and their loved ones. Using our broad legal understanding, we can help guide you through the overly-complicated medical malpractice claims process. Our dedicated team will fight diligently for your legal rights and help pursue fair financial compensation for your injuries, damages, or losses.
Medical Malpractice Attorneys Serving Olathe, Kansas
If you or a family member has been a victim of medical negligence or medical malpractice, you may seek fair compensation. Contact us at Adams Cross, LLC to schedule a consultation. Our seasoned attorneys have the clear legal guidance and strong representation you need in your medical malpractice claims. We proudly serve clients in Olathe, Wyandotte County, Lawrence, Johnson County, and the Kansas City Metro area, Kansas.