Missouri Personal Injury Attorneys

We’re Medical Doctors & Trial Attorneys

Medical malpractice and personal injury cases can have life-changing consequences for victims and their families. Choosing the right Kansas City malpractice attorney is crucial for securing the compensation you deserve. This page explains your legal options, the process of pursuing a claim, and how our team of medical doctors and trial lawyers can help you navigate your medical malpractice or personal injury case. If you are searching for a Kansas City malpractice attorney, our team of medical doctors and trial lawyers can help with your medical malpractice or personal injury case. We are dedicated to serving injury victims and their families throughout Kansas City and the surrounding areas.

Meet Patrick and Joseph Cullan, Trial Lawyers and Physicians

Page Summary: What Does a Kansas City Malpractice Attorney Do?

A Kansas City malpractice attorney focuses on representing individuals harmed by healthcare provider negligence, including doctors and hospitals. They assist victims by investigating claims, gathering medical evidence, hiring expert witnesses, and negotiating with insurance companies.

Understanding Personal Injury and Medical Malpractice

Personal injury is an area of civil law that allows people who have been injured to collect damages or financial compensation from the person or group who caused the injury. Medical malpractice occurs when a healthcare provider harms a patient by failing to use the degree of training and skill that is ordinarily used by members of the profession.

To prove a medical malpractice claim, a victim must demonstrate that:

• The healthcare provider owed a duty of care to the patient,
• The provider breached that duty,
• The breach caused harm to the patient.

The standard of care in medical malpractice cases is defined as the level of care that a reasonably competent healthcare provider would provide under similar circumstances.

These damages come in several different types, and the amount of money an injured party can recover depends on a variety of different factors.

Missouri Personal Injury Attorneys – We're Medical Doctors & Trial Attorneys

If you or a loved one has been injured in Missouri or Kansas, the Missouri personal injury lawyers at Cullan & Cullan can help you understand whether you have a legal cause of action and how much you could reasonably expect to recover. Our attorneys are also doctors, providing a unique understanding of medical malpractice cases, and are experienced in identifying medical, legal, and economic issues in malpractice cases. With extensive experience and a proven track record recognized by Super Lawyers, our team has successfully secured millions in jury awards and settlements for our clients.

Our firm handles a wide range of personal injury cases, including:

• Birth injury (cerebral palsy and brachial plexus injury)
• Traumatic brain injury
• Spinal cord injury
• Wrongful death
• Tractor-trailer accidents
• Motorcycle accidents
• Drunk driving accidents
• Distracted driving
• Medical malpractice
• Nursing home negligence
• Defective products

Cullan & Cullan has been helping people throughout the Greater Kansas City area since 1994, serving clients in both the Kansas City area and the broader Kansas City metropolitan area. We are committed to helping injury victims, including those suffering from catastrophic injuries, pursue the compensation they deserve. Our attorneys can conduct a forensic examination of medical records to determine the standard of care, protect your rights, and file your case on time.

Call [(816) 323-8166](tel:(816) 323-8166) for a free case evaluation! We offer a free initial consultation at no cost, and work on a contingency fee basis—meaning you pay nothing unless we win your case.

The Malpractice Case Process

Navigating a medical malpractice case in Kansas City, Missouri, can be a complex and daunting experience, but understanding the process can help injured patients and their families feel more confident as they seek justice. Below is a step-by-step overview of the typical malpractice case process:

1. Initial Consultation

The journey typically begins with a free consultation with an experienced medical malpractice attorney. During this initial meeting, the attorney will carefully review the details of your situation—examining the actions of the healthcare provider, the patient’s condition, and the nature of the injuries or losses suffered. This assessment helps determine whether a valid medical malpractice claim exists and what steps should be taken next.

2. Evidence Gathering

If the attorney believes there is a strong case, the next phase involves gathering crucial evidence. This includes:

• Obtaining and analyzing medical records
• Consulting with medical experts
• Collecting witness statements

The goal is to demonstrate that the healthcare provider deviated from the accepted standard of care, resulting in harm to the patient. Whether the case involves surgical errors, birth injuries, failure to diagnose, or other forms of medical negligence, building a compelling case requires clear and convincing evidence.

3. Filing the Lawsuit

Once sufficient evidence is collected, your malpractice attorney will file a medical malpractice lawsuit on your behalf. In Missouri, most medical malpractice cases must be filed within a two-year statute of limitations, making timely action essential. The lawsuit will detail the specific acts of negligence and the resulting damages, such as medical bills, lost wages, pain and suffering, and other economic and non-economic losses.

4. Discovery and Expert Testimony

As the case progresses, both sides engage in discovery—a process where information is exchanged, depositions are taken, and additional evidence is gathered. Your legal team may work closely with medical professionals in the same specialty as the defendant to provide expert testimony supporting your claim. Throughout this stage, clear communication between you and your attorney is vital, ensuring you are informed and involved in every decision.

5. Settlement Negotiations and Trial

Many medical malpractice cases are resolved through settlement negotiations before reaching trial. Your attorney will advocate for a fair settlement that fully compensates you for your injuries and losses. If a settlement cannot be reached, the case may proceed to trial, where your attorney will present the evidence and argue your case before a judge and jury.

Throughout the entire process, the experienced medical malpractice attorneys at Cullan & Cullan are dedicated to holding negligent healthcare providers accountable and securing the compensation you deserve. From the initial free consultation to the final resolution—whether by settlement or trial—you can expect compassionate guidance, aggressive advocacy, and a commitment to achieving the best possible outcome for you and your family.

Understanding the types of damages available is the next important step in pursuing your claim.

Damages for Personal Injury Cases

There are several types of damages that victims of serious personal injuries can claim. Compensatory damages are the primary form of recovery in medical malpractice cases and are usually a combination of economic damages and non-economic damages. Most Kansas City malpractice attorneys focus on both economic damages (such as medical bills and lost wages) and non-economic damages (such as pain and suffering) to determine the total value of a case.

Lost Wages and Other Economic Losses

Economic damages in medical malpractice cases cover financial losses such as lost wages and medical bills. These damages are quantifiable and typically include expenses that can be replaced with money, often supported by expert testimony and projected into the future.

Examples of economic damages include:

• Lost wages
• Medical bills
• Future medical treatment
• Physical therapy
• Occupational therapy
• Speech therapy
• Medication
• Any other medical expense that may result from your personal injury

A serious personal injury can prevent you from working. The permanent effects of the injury may even make it impossible for you to do the work that you were doing at the time of injury. If so, you may need to go back to school to be trained in a new profession.

Under personal injury law, you are entitled to recover damages for the money that you will lose as a result of your inability to work. If your injuries will limit your ability to work for your entire life, the amount recovered for lost wages can be quite substantial.

Pain and Suffering

Non-economic damages in medical malpractice cases include subjective awards for pain and suffering, disfigurement, and loss of consortium. These damages compensate for mental anguish, loss of enjoyment of life, and other intangible harms, and may be subject to statutory caps depending on the state.

Major injuries can result in significant pain and discomfort, both physical and emotional. Financial compensation may be granted for physical pain and mental suffering that you experience.

While this may be hard to quantify, our personal injury lawyers can use their medical degrees and advanced medical training to explain, either in negotiations or in the courtroom, the pain and anguish that afflicts you.

Punitive Damages

Punitive damages are awarded not as compensation for your injury, but as a punishment when the defendant acted willfully, wantonly, or recklessly in causing harm. If a company, hospital, doctor, or nurse was grossly or willfully negligent and you or someone you love was injured due to that negligence, the court may require that the defendants pay punitive damages as a penalty for their flagrant disregard for your safety and wellbeing. Punitive damages can be awarded in Kansas and Missouri, but they are rare in medical malpractice cases.

Understanding what a Kansas City malpractice attorney does can help you make informed decisions about your legal representation.

What a Kansas City Malpractice Attorney Does

A Kansas City medical malpractice attorney assists injury victims and injured patients by investigating claims, gathering medical evidence, hiring expert witnesses, and negotiating with insurance companies. Reputable firms provide free consultations to evaluate medical negligence cases at no cost, and initial consultations often involve assessing the strengths and weaknesses of a potential case. Successful malpractice attorneys should have a proven trial track record and access to qualified medical experts for testimony, and top malpractice firms often display significant settlements and verdicts on their websites to verify their track record.

When selecting a medical malpractice attorney, ensure they specialize in medical malpractice rather than general personal injury.

Medical malpractice occurs when a healthcare professional, medical professional, or other healthcare providers harm a patient by failing to use the degree of training and skill that is ordinarily used by members of the profession. To prove a medical malpractice claim, a victim must demonstrate that the healthcare provider owed a duty of care to the patient, breached that duty through negligent doctor's actions or a doctor's mistake, and caused harm as a result. The standard of care in medical malpractice cases is defined as the level of care that a reasonably competent healthcare provider would provide under similar circumstances. A medical malpractice claim requires evidence of a doctor-patient relationship, which can often be established through medical records or consent forms. In Missouri, a victim must file an affidavit of merit within 90 days of filing a medical malpractice claim, which must include the opinion of a qualified healthcare provider supporting the claim. Medical malpractice cases often require expert testimony to establish the standard of care and how the healthcare provider deviated from it. The burden of proof in a medical malpractice case lies with the victim, who must present scientific evidence of medical negligence. Medical malpractice claims can be complex and time-consuming, often requiring a thorough investigation of medical records and expert opinions, and cases in Kansas City require substantial resources to challenge insurers due to their complexity. Common types of medical malpractice cases include failure to diagnose, performing procedures without consent, misreading x-rays, and medication errors such as prescribing the wrong medication. Medical malpractice can occur when healthcare providers, including medical professionals and other healthcare providers, fail to use the degree of training and skill that is ordinarily used by members of the profession. Examples of hospital malpractice include surgical errors, failure to diagnose, and hospital infections. Medical malpractice cases are often complex and require a thorough investigation to determine fault and assess the extent of injuries. A victim of medical malpractice must prove that the healthcare provider breached the standard of care, which caused their injuries, and medical malpractice can result from various factors, including fatigue, understaffing, inexperience, and lapses in communication among the medical team. In Missouri, a person generally has two years to file a medical malpractice claim; in Kansas, a person must file within two years of the date the malpractice occurred or was discovered. Both Kansas and Missouri have a 10-year statute of repose for medical malpractice claims. In Missouri, an affidavit of merit must be filed within 90 days of initiating a medical malpractice claim, containing the opinion of a qualified healthcare provider. In Kansas, a medical malpractice screening panel can be requested when a petition is filed in district court. In Missouri, there are three exceptions to the two-year statute of limitations for medical malpractice claims, and children injured by a medical professional in Missouri have until their 20th birthday to seek damages for medical malpractice. To recover damages in a medical malpractice case, a victim must prove their case by a preponderance of the evidence. Medical negligence cases and negligence cases can involve a wide range of medical errors, medical mistakes, and doctor's actions, including prescribing the wrong medication or failing to properly assess a patient's condition. Medical malpractice litigation is governed by medical malpractice laws, and Missouri medical malpractice cases have specific requirements and limitations. Healthcare professionals, medical professionals, and other healthcare providers can be held accountable and held liable for their actions or omissions that cause harm to patients.

Personal injury claims are made when a person suffers injury as a result of another person or company’s negligent or careless actions. Common causes of personal injury include: car accidents, truck accidents, motorcycle accidents, drunk driving accidents, defective products, medical malpractice, birth injury, and nursing home abuse. The claim must address two main issues: liability and damages. The claim should demonstrate that the defendant is truly and legally responsible for the damages, and the damages claimed must truly reflect the extent of the injury or loss suffered.

You have the legal right to recover expenses for any type of medical treatment you require as the result of a personal injury caused by another.

Some types of medical expenses that you can recover are:

• Actual medical treatment
• Future medical care
• Physical therapy
• Assistive devices and prosthetics
• Medication
• Psychiatric treatment
• Travel costs to and from medical appointments
• Any medical expense resulting from the injury

Serving Missouri and Kansas, the Kansas City personal injury lawyers at our law firm are committed to helping victims restore their lives. If you or someone you love is injured by another, we can help you obtain the compensation you need for quality medical care and other needs.

Every situation is unique and, therefore, it is impossible to say exactly how long your personal injury case will take. That being said, we know that when you or a family member have suffered a serious injury, you need your case resolved as quickly as possible. You need financial resources to pay for medical care and to replace lost earnings. We also know you need justice and closure. Our goal is to move your case as fast as the system will allow. Our firm limits the number of cases we take so that we can move our cases faster than many other firms.

At Cullan & Cullan, we offer contingent fees. This means that, rather than billing you upfront, we agree on a percentage of the recovery that will be used to compensate our attorneys. In other words, you won’t owe us any fee unless we win.

Our Kansas City personal injury lawyers take all types of personal injury and wrongful death cases. We are known nationwide for our work on birth injury cases, (cerebral palsy and brachial plexus injuries) as well as truck and commercial vehicle accidents and, catastrophic injury (traumatic brain injury, spinal cord injury, etc.). Our team also handles product liability cases, including those involving defective and/or dangerous drugs and medical devices. If your injuries were caused by someone else’s negligence, we can help.

Recovery from a serious personal injury can take time or may last for the rest of your life. This can drastically affect your ability to continue working, and may even make it impossible to continue in your job. You are entitled to compensation for loss of income that can occur when you are disabled by an injury. You can recover damages for lost wages that can help with the cost of living if you are no longer able to work as you were before the injury.

Sometimes, a personal injury is the result of a person or company’s blatant disregard for your safety. In these cases, punitive damages can be awarded. These damages serve as a monetary punishment to the company that caused the injury. If that company or person is found by the court to have been grossly or willfully negligent with your safety and well-being, it may be required to pay you penalty fees for that negligence.

Some examples of situations in which you may be able to pursue punitive damages include:

• A pharmaceutical company willfully manufactures a drug that has harmful consequences when taken with other medications, yet the company refuses to remove the drug from shelves.
• An automobile driver illegally driving drunk or impaired, which causes him to hit a car that has stopped in front of him and injure the passengers in the other car.
• A hospital has knowledge that a doctor is frequently impaired due to drugs or alcohol and turns a blind eye.
• A nurse willfully withholds necessary medical treatment for a hospital patient, resulting in severe injury, worsened condition, or death.

There are just some examples of situations that can result in punitive damages being awarded to the victim and/or the victim’s family. The main point of punitive damages is to punish the reckless party or parties and ensure that similar harm does not befall other people.

To help you further, the following resources provide additional information on product and highway safety, tips for avoiding an auto accident, information on selecting a doctor or nursing home, and other useful consumer resources.

Get in Touch Today

If you believe you have a personal injury caused by the careless or willful act of another person or group, now is the time to contact our personal injury attorney in Missouri. As medical doctors and trial attorneys, we can protect your legal rights as no other firm can. We will strive to make sure that you are fully and fairly compensated for your injuries.

Contact our Missouri offices today at [(816) 323-8166](tel:(816) 323-8166) for your free consultation.

Helpful Resources:

• The U.S. Consumer Product and Safety Commission – Safety information on a wide range of consumer products, including current product recall information and useful safety tips.
• Vehicle Safety Statistics and Recall Information – Complete source of vehicle safety information provided by the National Highway Transportation and Safety Administration.
• Drive Smart: Share the Road Safely – Tips from the Federal Motor Carrier Safety Administration, including information on sharing the road with semi-trucks and other large commercial vehicles.
• Be Prepared: How to Proceed After an Accident – Guidelines from the Insurance Information Institute to help you be prepared in the event of an accident.
• Highway Safety Information and Testing – Results of independent highway and vehicle safety testing conducted by the Insurance Institute for Highway Safety.
• Understanding Vehicle Safety – Key safety points to consider, including crashworthiness and safety ratings, when shopping for a new car.
• Missouri Department of Transportation – Information on highway safety and traffic regulations for Missouri residents.
• Kansas Department of Transportation – Travel, traffic, and safety information and regulations for Kansas residents.
• National Citizens’ Coalition for Nursing Home Reform – An advocate group for people with long-term care needs, providing a helpful guide for choosing a nursing home, tips for spotting negligence or abuse, and more.
• HealthGrades® – An independent healthcare ratings company, HealthGrades® is a useful resource for finding current information about specific doctors, hospitals, and nursing homes.