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.
Have you suffered from medical malpractice? Our Kansas City medical malpractice lawyers have the legal experience you need on your side. Call Cullan & Cullan today at (816) 253-8606 or contact us online to start your defense!
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 an 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
We are experienced in handling medical malpractice cases involving:
- Anesthesia errors
- Emergency room errors
- Medication errors
- Misdiagnosis/failure to diagnose
- Hospital-acquired infections
- Surgical errors
- Birth injuries
How to Get a Medical Malpractice Attorney to Take Your Case
Getting a medical malpractice attorney to take your case can be a crucial step in seeking compensation for injuries or damages resulting from medical negligence.
Here are some steps you can take to increase your chances of finding a suitable attorney:
- Gather relevant documents: Start by collecting all relevant medical records, bills, and any other documentation related to the malpractice incident. These documents will be essential for the attorney to understand the details of your case.
- Research and create a list: Look for attorneys with experience and expertise in medical malpractice cases. You can search online, ask for referrals from friends or family, or contact your local bar association for recommendations. Create a list of potential attorneys to consider.
- Check their qualifications: Consider each attorney's background and qualifications. Check if they are licensed to practice law in your state and if they have experience handling medical malpractice cases successfully.
- Read reviews and testimonials: Check out reviews and testimonials from past clients to get an idea of the attorney's reputation and track record. This will help you gauge their level of competence and client satisfaction.
- Schedule consultations: Reach out to the attorneys on your list and schedule initial consultations. Most attorneys offer free or low-cost consultations to discuss your case and evaluate its merits.
- Prepare for the consultation: Be ready to explain the details of your case concisely and provide the attorney with any relevant documents. Prepare a list of questions to ask during the meeting to assess the attorney's knowledge, experience, and strategy.
- Assess their experience: Inquire about the attorney's experience handling cases similar to yours. Ask about their success rate and the outcomes of previous medical malpractice cases they've handled.
- Discuss fees and costs: During the consultation, discuss the attorney's fee structure and how they handle costs related to the case. Some medical malpractice attorneys work on a contingency fee basis, meaning they only get paid if they win your case.
- Evaluate communication: Assess how well the attorney communicates with you during the consultation. Communication is essential throughout the legal process, so you'll want to work with someone who is attentive and keeps you informed.
- Trust your instincts: Ultimately, trust your instincts about the attorney's compatibility with your needs and concerns. Choose an attorney whom you feel comfortable working with and who inspires confidence in handling your case effectively.
Keep in mind that medical malpractice cases can be complex and time-consuming, so it's essential to select an attorney who has the necessary skills and experience to represent your interests effectively. Do not hesitate to schedule a free consultation with Cullan & Cullan to see if we can help you with your case.
Preparation for Medical Malpractice Cases
At Cullan & Cullan, our medical-legal team has the training and experience 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 determine the standard of care 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 medical, legal, and economic issues. 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 their case. The defendant, such as a doctor or nurse, has easy access to colleagues who will defend them. You must retain experienced attorneys handling medical malpractice and wrongful death cases.
By hiring an attorney as early as possible, you can ensure that the evidence proving the fault of medical professionals and the extent of your injuries is preserved and that 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 might be necessary for your attorney to help you obtain an autopsy to prove your case.
Examples of Hospital Malpractice
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 the 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 leads to rape or assault
- Nurses or other employees exceeding their medical authority
- Failing to have the 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, resulting 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. Our medical malpractice attorneys have successfully sued hospitals nationwide throughout the Kansas City area in Missouri and Kansas.
Hospital Liability for Employee Actions
The liability of health care providers who provide care at a hospital can vary depending on the case's circumstances and 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 working in a hospital is a hospital employee or under the control of the hospital. In most facilities, the nurses, physical therapists, respiratory therapists, medical technicians, lab technicians, and some doctors are hospital employees. However, many doctors are independent contractors rather than employees of the hospital.
Hospitals must protect their patients. If a hospital grants staff privileges to an incompetent or dangerous doctor, that hospital might be liable for the doctor's negligent actions. If a hospital discovers that a doctor has become unfit and hazardous, the hospital has a duty to revoke staff privileges. If a hospital believes a doctor violates 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 Attorney Today
If you suspect that you or a loved one has sustained injury due to medical negligence by any 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.