Common Questions About Medical Malpractice in Kansas City, Missouri

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Medical malpractice cases aren't all that uncommon, however they can be very complicated. You may believe you have a case, but do you - and how do you know? As a trusted Kansas City personal injury attorney I've included some information and commonly asked questions below to help you determine whether you have a case.

Do you have a medical malpractice case? Negligence must be proven - it isn't enough to accuse a doctor or other medical provider of acting below the standard of care. You must have sustained a real injury; if you were not actually harmed, there is no basis for a lawsuit.

That said, you may be wondering what negligence actually is. Negligent behavior that may support a medical malpractice
lawsuit includes but is not limited to:

* Failing to warn a patient who is undergoing a surgical procedure or course of treatment of the known risks associated with that procedure/treatment
* Medication errors, which are preventable and could result in harm to the patient
* Failing to diagnose a condition or disease in a timely manner, or delayed or misdiagnosis
* Incompetent or improper treatment

What type of evidence or documentation do you need in order for you and your injury attorney to develop a solid medical malpractice lawsuit?

Photos of the injuries you sustained, written communication from your healthcare provider and insurance company, notes you have personally written describing the details of your injury/condition, and copies of medical bills and medical records are all vital to developing a solid case.

There are certain elements that must be proven by the plaintiff (you) and your injury lawyer in order to prevail in a medical malpractice case. These elements include:

* The doctor (or nurse, anesthesiologist, etc.) was negligent in his or her duty
* The doctor (or nurse, anesthesiologist, etc.) owed you a duty of care
* Your injury was caused by the doctor's negligence (or other healthcare/medical provider)
* You suffered physical pain, medical bills, loss of earning capacity or income, mental or emotional anguish, or other specific economic or non-economic damages because of your injuries

As you can see medical malpractice cases can be extremely complex. Do you have a case, and which party or parties may be held accountable? What are the legal options available for collection of damages if you do have a case? You have many questions, and the answers and steps you take next are vital to your future.

Matthew O'Connor has over 25 years of experience as an attorney in Kansas City Missouri.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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