When you seek medical aid, you want to rest assured knowing that you and your loved ones are safe while undergoing procedures. Unfortunately, circumstances can happen that lead to trouble during these procedures, including medical malpractice.
According to the Legal Information Institute (LII), malpractice is when a professional fails to properly execute their duty to a client to follow generally accepted professional standards. In medical malpractice, the client is the patient. To establish a medical malpractice claim, you and a Kansas City medical malpractice lawyer must prove the following:
The Necessity to Uphold a Standard of Care
First, you must establish that the patient was entitled to an ordinary standard of care while in the care of attending medical professionals. In doing so, you are not so much fighting to prove that a patient required a standard of care but rather establishing what that standard of care consisted of.
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The Failure to Uphold a Standard of Care
With that standard of care established, you must then elaborate on the ways in which you believe that such a standard was violated. For example, a medical professional may have been provided with inaccurate medical information regarding a patient’s condition, or there may have been an accident while the victim was in surgery.
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Negligence as a Contributing Factor to a Party’s Injuries
Medical malpractice cases often hinge on the question of negligence. For a claim regarding medical malpractice to move forward in a court of law, you can work with a Kansas City medical malpractice lawyer to establish that the injury the victim endured was the result of inattention, distraction, or other behaviors that can be readily classified as negligence.
The Significance of the Damages Incurred
With all of the other points established, you must then detail the extent to which the victim was injured. In doing so, you can establish whether or not the victim now suffers a disability or lost a significant percentage of their regular income. You can also bring the cost of this medical procedure and other procedures needed to undo its effects, if applicable, to the attention of a court. These all constitute economic damages and should have a dollar value readily assigned to them. Similarly, you can elaborate on noneconomic damages, including any unusual hardships or suffering that the victim may endure as a result of another party’s negligence.
Post-surgery conditions that do not meet the expectations of those parties involved do not immediately fall under the category of medical malpractice. Instead, you must go about establishing the aforementioned points if you want to carry a case forward in such a manner.
Luckily, Ben Crump Law, PLLC can help you better understand your legal rights when you fall victim to an injury while under the care of a medical professional. A Kansas City medical malpractice lawyer can help you negotiate with the applicable parties for compensation or, alternatively, can help you craft a complaint to take your case to court.
To reach out to Ben Crump Law, PLLC, you can call (800) 641-8998.
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A Kansas City Medical Malpractice Lawyer Can Make Your Recovery Simpler
When you find yourself faced with a case of medical malpractice, you may be reluctant to take on the potential fees affiliated with legal action. Ben Crump Law, PLLC recognizes that reluctance and, in turn, does not charge you for the legal services you wish to benefit from. Instead, we will only send you a bill for representation or other legal advice if a court determines that you may receive compensation for your losses.
Addressing Medical Malpractice Out of Court
You do not have to go to court to fight for compensation for your losses in a medical malpractice case. Instead, if you can prove negligence regarding your case, then you may present the facts to the institution or body that you believe may be liable for your losses.
To do so, you can work with a Kansas City medical malpractice lawyer to write a demand letter. In this letter, not only do you have the opportunity to outline the details, but you can also put forward an estimate of your potential compensation. If the party to whom you address your demand letter is open to a conversation about your losses, you can rely on a Kansas City medical malpractice lawyer’s representation as those negotiations take place.
If it becomes clear that negligence played a role in a patient’s significant medical damages, a hospital or attending medical professional may choose to reach out to you with a settlement before you have time to seek out legal advice. If this happens, you are under no obligation to accept the settlement without first running it by an attorney. You can reach out to Ben Crump Law, PLLC, calculate your potential avenues for compensation on your own, and then compare that estimate to the settlement that was offered to you.
If you believe that the settlement presented to you will not meet your needs or does not address all of your damages, a Kansas City medical malpractice lawyer can once again negotiate for more comprehensive compensation on your behalf.
You Can Fight for Justice Alongside a Kansas City Medical Malpractice Lawyer
Enduring medical malpractice can severely impact your trust in those medical professionals meant to serve your best interests. You do not, however, have to let negligence go unanswered. If you do not receive a settlement offer from the party you believe to be liable, or if a demand letter goes unanswered, you can work with a Kansas City medical malpractice lawyer to file a medical malpractice claim. According to Revised Statutes of Missouri (RSMo) §516.105, you will need to do so within two years if you wish to see your efforts come to fruition.
Ben Crump Law, PLLC does not back down from challenging cases involving medical malpractice. You can reach out to the firm and discuss the details of your case as well as your preferred course of action at (800) 641-8998.