In Need of a Medical Malpractice Lawyer?
At Wallentine Injury Law, we know how overwhelming it can be when a trusted medical professional fails to meet the standard of care. You place your health—and often your life—in the hands of doctors, nurses, and hospitals. When that trust is broken, the consequences can be devastating. Medical malpractice can leave you facing serious physical and emotional injuries, along with mounting financial burdens.
Our experienced Kansas medical malpractice attorneys are here to help you reclaim control. From gathering evidence and determining liability to connecting you with trusted medical professionals and securing the compensation you deserve, we handle every step of the legal process so you can focus on recovery.
You are not alone in your fight for justice after a medical malpractice injury. Let Wallentine Injury Law guide you through your legal options and help you move forward with confidence. Contact us today to begin your path toward healing and justice.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional inflicts harm on an individual due to negligence, breaching the standard of care. In a medical malpractice case, professionals have an innate duty to act reasonably as any other competent medical professional would. When this duty of care or standard of care is breached, several types of legal claims can result, including the broader personal injury category and namely medical malpractice. However, it’s important to understand that not every medical mistake or disagreement with a doctor’s treatment plan amounts to malpractice. In order to have a successful medical malpractice case following a breach in the standard of care, the following must be proven:
- Established Duty of Care- A valid doctor-patient relationship must exist to prove that the medical professional owed a duty of care. Medical records, appointment logs, and other documentation are essential to establishing this foundational element.
- Breach of the Standard of Care- The provider failed to deliver treatment that met the accepted standard of care for the given circumstances, falling short of what a reasonably competent medical professional would have done in a similar situation.
- Causation- The healthcare provider’s deviation from the standard of care must be directly linked to the injury or harm suffered. In other words, the provider’s negligence must be the actual cause of the damage.
- Damages- The patient or plaintiff suffered large and compensable losses because of the incident.
These four elements can be difficult to piece together in a medical malpractice case, but you don’t have to do it alone. At Wallentine Injury Law, we have the experience and resources to gather critical evidence and establish liability against negligent medical providers. Let our team handle the legal burden while you focus on your recovery.
Common Medical Malpractice Claims
Medical procedures range from minor, routine treatments to complex, high-risk operations, and the injuries caused by malpractice can vary just as widely. Undoubtedly, the most serious claims often arise from complicated procedures with higher risks. Below are common types of medical malpractice claims in personal injury law:
- Misdiagnosis or delayed diagnosis
- Failure to treat
- Medication errors
- Surgical errors
- Birth injuries
- Wrong treatment
Who Can Be Held Liable in a Medical Malpractice Case?
In Kansas and throughout the United States, multiple parties may bear legal responsibility in a medical malpractice claim, depending on the circumstances. Potentially liable parties include:
- Doctors- The primary party typically held liable in a medical malpractice claim is the treating physician, responsible for your care through treatments, diagnostic testing, procedures, and more. In some cases, liability may also extend to specialists or referred doctors involved in your treatment.
- Medical staff- Nurses, anesthesiologists, and other medical staff can also be held accountable in a medical malpractice claim.
- Medical facilities- Just like individual healthcare providers, entire medical facilities can also be held liable in a medical malpractice claim when negligence stems from broader organizational failures or systemic issues.
- Pharmacists- Pharmacists, as licensed professionals responsible for preparing and dispensing medications, can be held liable in a medical malpractice claim if they breach the standard of care in performing these duties.
- Medical Device Manufacturers- Modern technology and medicine involve the extensive use of various medical devices. Mistakes in production or negligence in upkeep of the devices can cause injury, leaving the manufacturer liable in a medical malpractice claim.
How Long do I have to File a Medical Malpractice Claim in Kansas?
Each state has its own statute of limitations for medical malpractice claims. While these time limits are generally similar, it’s crucial to understand the specific deadlines that apply in your state to ensure your claim is filed on time. In Kansas, the statute of limitations for filing a medical malpractice claim is two years from the date of the injury. However, Kansas features a rule called “discovery” that allows the two-year period to begin only after the injury is reasonably detected. Furthermore, Kansas law features a four-year statute of repose that states you cannot file a medical malpractice claim more than four years after the negligent medical act. The same principles apply to wrongful death medical malpractice claims.
Lastly, Kansas law provides specific exceptions to the standard statute of limitations for certain situations, including cases involving minors or individuals who are incapacitated. Minors have until one year after their 18th birthday to file a claim, but cannot file a claim later than 8 years after the incident. For incapacitated individuals (incompetent or imprisoned), the statute of limitations may be paused altogether.
What Kind of Compensation Can I Be Awarded?
Injuries sustained from a medical malpractice claim can be life-altering or even life-threatening; therefore, any compensation awarded should reflect the severity of the harm. The trusted attorneys at Wallentine Injury Law are experienced in handling medical malpractice claims in both Kansas and Missouri to pursue the compensation you deserve after an accident. The following types of damages may be awarded in a medical malpractice case:
- Economic damages- Current and future medical expenses, lost income, and any other financial expenses that were caused by negligence.
- Non-economic damages- Damages such as mental anguish, pain, or disfigurement that do not have any actual financial value attached, but still negatively affect the individual.
Contact our Kansas Medical Malpractice Lawyers Today
Medical malpractice is a serious and complex matter that demands skilled legal guidance, not something to face alone. At Wallentine Injury Law, we’re committed to being the trusted legal team you can count on. Whether through settlement or trial, we work tirelessly to achieve a resolution that meets your needs and helps you move forward. Contact our Kansas attorneys today for a free consultation. We’re here to listen to your story, connect you with the right support, and help you begin your path to recovery.
