Medical Malpractice Lawyers in Kansas City Advocate for Injured Patients
Aggressive Missouri Attorneys Seek Full Compensation For Negligent Harm
Physicians and other health care providers owe patients a duty to adhere to a professionally accepted standard of care, but in too many cases, providers act negligently or carelessly, causing injury or worsening an existing condition. In fact, a study by patient safety experts at Johns Hopkins concluded that medical errors should be considered the third leading cause of death in the United States, behind heart disease and cancer. At Barnes Law Firm, our personal injury attorneys have the experience, knowledge and skill to institute and manage even the most complex medical malpractice cases. We will assert your rights and aggressively fight for the compensation you deserve.
Experience With A Wide Range Of Medical Malpractice Cases
Health care providers are human, and they make mistakes, but malpractice is much more than a simple error. It is one that a reasonably skilled and prudent health care provider adhering to an accepted standard of care would not have made. Furthermore, there must be a direct causal connection between the doctor’s error and the harm the patient suffered. With all the variables involved in medical treatment, these elements of a malpractice case can be difficult to prove, requiring attorneys well-versed in the field. Our dedicated legal team is skilled in analyzing the facts suggesting malpractice and we work with trained medical experts to make certain you have a viable case.
Who Can Be Held Liable In A Medical Malpractice Lawsuit?
Individual health care providers can be held liable for negligent errors that cause harm to patients. Our skilled advocates manage malpractice cases asserting that patients have been harmed by:
- Medical doctors
If a provider is employed by a hospital or other facility, the facility is also liable. There is a gray area for doctors who have privileges at hospitals but are not technically employees. However, if a doctor with privileges has a history of substandard care and the hospital looked the other way, the hospital could be liable for not revoking the privileges.
Winning Maximum Money Damages Consistent With Missouri Law
Missouri law allows injured patients to recover the full amount of their economic losses for medical bills, lost income and future losses due to the injury. But the state limits the amount a patient can recover for noneconomic losses – also called pain and suffering damages – to $400,000, even if there are numerous defendants. However, if the case involves catastrophic personal injury or wrongful death, the maximum recovery is $700,000.
What Is An Affidavit Of Qualified Health Care Provider?
Missouri law requires a plaintiff to file, within 90 days of filing a malpractice action, an Affidavit of Qualified Health Care Provider, stating that he or she has obtained the written opinion of a legally qualified health care provider which states that the defendant health care provider failed to use such care as a reasonably prudent and careful health care provider would have under similar circumstances and that such failure to use such reasonable care directly caused or directly contributed to cause the damages claimed in the petition. Failure to file an affidavit can result in a dismissal of the action without prejudice, forcing the plaintiff to refile the case. The defendant has a right to ask the court to examine the health care provider’s statement to determine if there is probable cause to believe that one or more qualified and competent health care providers will testify that the plaintiff was injured due to medical negligence by a defendant. If not, the court must dismiss the case. Our attorneys are skilled at making sure our clients’ malpractice cases meet this important test of merit.
Contact Our Accomplished Kansas City Law Firm For A Free Medical Malpractice Consultation
The Barnes Law Firm represents patients injured due to medical malpractice in the greater Kansas City area. Please call 816-221-4321 or contact us online to schedule a free initial consultation. Our office is conveniently located at .