Severity of Medical Injuries
Medical professionals have an incredibly difficult jobs, and the pressure that is placed upon them to properly perform procedures and treatment is immense. Considering the volume of interactions that medical professionals have with sick and injured patients, it comes as no surprise that accidents and negligently caused injuries may occur. When we visit a medical provider, we implicitly trust that our lives are in capable hands.
That reliance upon our treating doctors and physicians has been with our society for centuries. Fortunately we continue to achieve significant strides forward in medicine and our understanding of treatment.
Yet with the complexity of the human body and the issues that arise from an injury or sickness still pose significant risks and uncertainty in our efforts to treat patients. Still today injuries and issues are caused by our failure to adhere to proper medical technique and procedure.
Contact Fletcher Law Office to gather more information about your legal options. Call us now at (816) 631-2868 or reach out to us via our secure contact form.
Representing Medical Malpractice Injury Victims
Damages from medical malpractice injuries can manifest in many different ways. Often it is not until the healing process has been completed that symptoms or issues arising from the incident begin to show. The medical malpractice attorneys at Fletcher Law are prepared to provide consultation for a wide array of medical malpractice damages, including:
- Surgical errors
- Birth injuries
- Medication errors
- Brain injuries
- Nursing home injuries & abuse
- Failure to properly diagnose
- Cosmetic surgery errors
- Psychiatric injuries
Common Medical Malpractice Cases
Often medical malpractice cases will be the result of a breach of the duty of care that is owed to a plaintiff. These “breaches” can occur in a wide array of contexts and manners. Some of the most prevalent may include:
- Improper supervision;
- Negligent hiring;
- Failing to properly evaluate applications for employment;
- Laboratory failures and mistakes;
- Use of improper tests as instructed by a doctor;
- Improper use of equipment;
- Failure to maintain equipment;
- Fall risk injuries;
- Allowing injury to a distressed patient; and
- Flight risk injuries
- Proving Your Medical Malpractice Case
In Missouri, a medical malpractice victim may pursue a claim against a medical professional for medical malpractice in certain circumstances when a medical duty has been breached causing damages. Your Kansas City medical malpractice lawyer at Fletcher Law Offices can help you determine if you have an actionable claim.
In general, and subject to certain circumstances, a plaintiff may have a claim for medical malpractice when the following elements are present:
1. The medical provider owed you a medical and general duty of care
2. He or she breached this duty and inflicted an injury upon you or your family member
3. The injuries resulted in financial losses
Doctors and other medical team members are evaluated under a doctrine known as the “medical duty of care.” The legal and medical community will evaluate your case to determine if the proper standard of care was upheld.
When that duty has been breached you may seek compensation for your medical costs, lost work wages, and mental anguish. Surviving family members can also receive wrongful death benefits.
What Law is Applied In Medical Malpractice Cases?
Claims arising from allegations of medical malpractice will implement a framework that is similar to that of a regular negligence claim. One of the first requisites is to prove that a duty existed between the injured patient and the healthcare provider. In 1998, a Missouri Appellate Court addressed one of the major distinctions between a medical malpractice claim and an ordinary negligence claim in Corbet v. McKinney 980 S.W.2d 166, 169 (Mo. Ct. App. 1998):
"Medical malpractice liability remains distinct from ordinary negligence in several ways, one of which is the circumstances under which the duty of care arises. A physician's liability to a patient is predicated on the existence of a physician-patient relationship.
Corbet v. McKinney 980 S.W.2d 166, 169 (Mo. Ct. App. 1998) (citing to Section 8.03 at 8-16; Braun v. Riel, 40 S.W.2d 621, 622 (Mo. 1931); Richardson v. Rohrbaugh, 857 S.W.2d 415, 417-418 (Mo. App. 1993)
What remains evident in Missouri medical malpractice cases today is that one of the main focuses of the claim will be on the relationship between the injured patient, and the medical professional. This relationship is where the duty arises to provide treatment with the proper standard of care.
File Your Missouri Medical Malpractice Claim Before the Statute of Limitations
There are statutory civil deadlines that apply to your medical malpractice case. Contacting a Kansas City medical malpractice lawyer with a strong reputation will help you establish the timeline of your case.
Call Fletcher Law Office now to schedule an appointment with our legal team by calling (816) 631-2868.