Medical malpractice is a serious problem. However, it is not something you think or worry about until it happens to you or your family. The injuries caused by medical negligence can be devastating. Everyone needs to be aware of medical malpractice so they can take steps to prevent it from happening to them, and so the frequency of medical mistakes in our society can be lessened as a whole.
According to a recent study by Johns Hopkins, more than 250,000 hospital deaths occur every year due to medical malpractice. This is more than the total amount of fatalities that result from drunk driving and breast cancer combined. Additionally, tens of thousands of patients sustain serious injuries and disabilities.
Cullan & Cullan handles medical malpractice cases in Missouri and Kansas and nationwide. As medical doctors and attorneys, we have an uncommon and in-depth understanding of both the legal and medical aspects of medical malpractice cases, which we use to our clients’ benefit to secure the best possible results.
Interested in finding out how we can help you? Call our Kansas City medical malpractice lawyers today at (816) 253-8606.
Medical Malpractice Laws & Your Rights
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. Medical malpractice cases are some of the most difficult cases for the injured party.
A victim of medical malpractice has sustained injury caused by someone he or she trusted. However, the doctor or healthcare provider who caused the injury generally does not tell the injured party or the family what happened. Even though the information is not given, the injured patient and his or her family commonly have a sense that something went terribly wrong.
Our team takes on medical malpractice cases involving such healthcare professionals as:
- Nurse practitioners
- Physician’s assistants
- Nursing homes
Preparation for Medical Malpractice Cases
At Cullan & Cullan, our medical-legal team has the training and experience that is necessary to conduct a forensic examination of your case. Our team includes four lawyers who are doctors.
We have worked in hospitals and clinics alongside hundreds of doctors. We understand radiology and pathology. We are capable of reviewing the medical records. We know what records should be in your file and what may be missing, altered or destroyed. We can conduct medical research associated with the incident and we can determine what the standard of care is for a doctor, hospital, or nurse.
More importantly, our Kansas City medical malpractice attorneys understand the long-term consequences of medical mistakes and are experienced in identifying the medical, legal, and economic issues at hand. If you are a victim of medical negligence, you may face tremendous medical bills and disability, which can be emotionally and financially devastating. We are here to help you navigate this challenging ordeal.
Proving the Wrongdoing of Medical Professionals
Medical malpractice law places a heavy burden on the victim to present scientific evidence of medical negligence in his or her case. The defendant, such as a doctor or nurse, has easy access to colleagues who will defend him or her. You must retain attorneys who are experienced in handling medical malpractice and wrongful death cases.
By hiring an attorney as early as possible, you can make sure that the evidence proving the fault of medical professional and the extent of your injuries is preserved and records are not lost, altered, or destroyed. Additionally, it may be important that your lawyer orders special testing to prove your case. If the incident involved a death, it may be important for your attorney to help you obtain an autopsy to prove your case.
Hospitals can be negligent and put patients in harm’s way when they violate the standard of care for patient safety. Some examples of hospital malpractice include:
- Failing to have adequate staffing
- Failing to hire competent staff
- Failing to train staff
- Failing to perform adequate background checks on staff or doctors
- Failing to properly supervise staff
- Failure of nurses and doctors to obey hospital policies or procedures
- Failing to perform tests ordered by doctor
- Failing to communicate a patient’s condition or change of condition to their doctor
- Failing to communicate test results (lab, x-ray, MRI) to the patient or doctor
- Failing to attend to a patient in distress
- Failure to prevent patient who is a known fall risk from falling
- Failure to follow security protocols, leading to rape or assault
- Nurses or other employees exceeding their medical authority
- Failing to have proper equipment in good working order
- Improper use of equipment
- Misdiagnosis in the emergency room
- Medication errors
- Lab errors
Hospital malpractice or negligence occurs at an alarming rate and results in many needless injuries and deaths. Negligent hospitals and surgery centers should be held liable when the actions of their employees cause serious injury. If you have been injured due to hospital negligence, the “lawyers who are doctors” at Cullan & Cullan can help you determine fault and assess the extent of your injuries. We have successfully sued hospitals throughout the Kansas City area in both Missouri and Kansas and nationwide.
Hospital Liability for Employee Actions
The liability of health care providers who provide care at a hospital can vary depending on the circumstances of the case and also vary a great deal from state to state. Generally, hospitals are liable for the actions of their employees and can be liable for the actions of others that the hospital has the right to control.
Not every medical professional who is working in a hospital is a hospital employee or under the control of the hospital. In most facilities, the nurses, physical therapists, respiratory therapist, medical technicians, lab technicians, and some doctors are hospital employees. However, many doctors are independent contractors, rather than employees of the hospital.
Hospitals have a duty to protect their patients. If a hospital grants staff privileges to an incompetent or dangerous doctor, that hospital might be held liable for the doctor’s negligent actions. If a hospital discovers that a doctor has become incompetent or dangerous, the hospital then has a duty to revoke his or her staff privileges. If a hospital has reason to believe a doctor is violating the hospital’s rules and procedures for safe patient care and does not protect the patient, the hospital may be deemed negligent.
Contact Our Kansas City Medical Malpractice Law Offices
If you suspect that you or a loved one has sustained injury due to medical negligence by any type of healthcare professional at any medical facility, contact Cullan & Cullan. Our Kansas City medical malpractice lawyers can protect your rights, file your case on time, and aid you in recovery from physical, emotional, and financial damages.
Call our offices at (816) 253-8606 for your free medical malpractice case evaluation.