Compassionate Legal Representation Advocates for You and Your Family
Patients commit an act of faith in trusting doctors, nurses, and support staff of a hospital to take good care of them at a vulnerable time.
The lawyers of Dempsey Kingsland & Osteen can represent your interests in a hospital malpractice lawsuit if the negligence of hospital doctors, nurses, or employees led to serious injury or wrongful death.
We have successfully sued medical facilities throughout Missouri and Kansas. If you have a malpractice claim, we want to help you navigate the legal process ahead.
Have the negligent actions of hospital caused you or a loved one serious injury? We understand how upsetting overwhelming this time can be. We can help. Call (816) 484-3776 or contact us online for a free initial consultation.
contact usTypes of Hospital Negligence
Hospital negligence can take many forms, often leading to serious injuries or even death. Common types of hospital negligence include:
- Misdiagnosis or delayed diagnosis. Failing to correctly diagnose a condition or delaying a diagnosis can worsen health outcomes.
- Medication errors. Administering the wrong medication or dosage can cause severe complications.
- Surgical errors. Mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient, can lead to serious health issues.
- Birth injuries. Negligence during childbirth can result in injuries for both the mother and the baby.
- Inadequate staffing. Insufficient staff levels can lead to overworked medical professionals, increasing the likelihood of errors.
- Improper monitoring. Failing to monitor a patient properly can result in preventable complications.
Understanding these types of negligence is crucial for recognizing when to seek legal help.
Proving Hospital Negligence
Proving hospital negligence requires demonstrating that the hospital’s actions or inactions deviated from the expected standard of care, resulting in harm to the patient. This involves several crucial elements, including the following:
- Duty of care—establishing that the hospital has a duty to provide care to the patient—this relationship typically becomes evident once the hospital accepts the patient for treatment;
- Breach of duty—showing that the hospital breached this duty—this breach could occur through various forms of negligence, such as inadequate staffing, failure to maintain equipment, or improper supervision of medical staff;
- Causation—proving a direct link between the hospital’s breach of duty and the patient’s injury—this means showing that the harm would not have occurred if the hospital had met its duty of care; and
- Damages—-demonstrating the extent of the harm suffered—including medical expenses, lost wages, pain and suffering, and any long-term effects on the patient’s health and quality of life.
Our Kansas City hospital malpractice lawyers meticulously gather and analyze all relevant evidence to build a compelling case. We work closely with medical experts to validate claims and ensure that every aspect of your case is thoroughly examined.
This comprehensive approach helps us secure the justice and compensation you deserve, highlighting our commitment to achieving the best possible outcomes for our clients.
Reach out to us to discuss your case by filling out the quick form below:
Suing a Hospital for Medical Malpractice
Suing a hospital for medical malpractice is a complex process that involves several critical steps to build a strong case. First, it is essential to initiate a lawsuit within the statute of limitations, ensuring all deadlines are met.
Under both Kansas and Missouri law, you typically have two years from the date of the negligent act to file a claim, although there are exceptions based on specific circumstances.
Gathering comprehensive evidence is crucial for building a compelling case. This includes collecting medical records, expert testimonies, and witness statements.
In LeBlanc v. Research Belton Hospital, a Missouri appellate court reaffirmed the ability of plaintiffs to hold hospitals accountable for negligent credentialing of healthcare providers.
This case underscores the hospital’s duty to ensure their staff is qualified and capable, which can be pivotal evidence in your claim.
Negotiations with the hospital’s insurance company are a critical phase. Skilled negotiation can often lead to a fair settlement without the need for a trial.
However, in both Missouri and Kansas, if a settlement is not reached, the case proceeds to trial. This involves presenting the evidence in court and making a compelling argument for your right to compensation.
The Mayes v. St. Luke’s Hospital of Kansas City case highlighted the importance of adhering to procedural requirements, such as the health care provider affidavit requirement in § 538.225.
The Missouri Supreme Court ruled that failure to file a sufficient affidavit results in dismissal, even if the statute of limitations bars refiling. This ruling emphasizes the necessity of meticulous legal preparation.
Additionally, Missouri law requires plaintiffs to provide a notice of claim to healthcare providers at least 90 days before filing a lawsuit.
This notice must include specific information about the alleged negligence and resulting injuries. Kansas, on the other hand, does not have a notice requirement unless the defendant is a government entity.
Understanding these steps and legal requirements, along with relevant precedents, can significantly impact the outcome of your case.
Our Kansas City hospital malpractice lawyers are dedicated to providing the support and expertise you need to pursue justice and compensation. We guide you through each stage of the process, ensuring your case is handled with the utmost care and precision.
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How a Hospital Malpractice Lawyer in Kansas City Can Help
A hospital malpractice lawyer in Kansas City can provide crucial support and guidance throughout your legal journey. Recent data from the Missouri Department of Commerce & Insurance shows the importance of having a skilled lawyer on your side.
Over the past decade, the average award per claimant has hovered around $500,000. The median amount received remained steady at $200,000 over the last five years, with top recoveries in 2022 reaching $1 million and $5 million.
These figures highlight the potential financial compensation available in hospital malpractice cases. A knowledgeable lawyer will evaluate your case, gather the necessary evidence, and handle negotiations with insurance companies.
Our goal is to secure the maximum compensation for your injuries, whether through settlement or trial. With our experienced team, you can confidently pursue your claim and seek the justice you deserve.
Why Dempsey Kingsland & Osteen Is the Best Choice for Your Hospital Malpractice Case
Selecting the right Kansas City hospital malpractice attorney is essential. At Dempsey Kingsland Osteen, our team is committed to providing unparalleled legal representation for those affected by hospital negligence.
Our extensive experience in handling complex hospital malpractice cases means we understand the intricacies of the law and how to advocate for our clients effectively.
We are dedicated to securing the best possible outcomes, tirelessly working to ensure you receive the justice and compensation you deserve.
Our approach is compassionate and client-focused. We recognize the emotional and financial stress that medical malpractice can cause.
We provide personalized support, guiding you through each step of the legal process with care and clarity. Our track record speaks volumes, as we have successfully obtained significant compensation for many clients, helping them rebuild their lives after experiencing medical negligence.
If you or a loved one has suffered due to hospital negligence, don’t wait. Contact Dempsey Kingsland & Osteen today for a consultation. Our knowledgeable and compassionate team is here to help you understand your rights and pursue the justice you deserve.
Experienced in Hospital Litigation
Partners Lee Dempsey, Robert Kingsland and Jason Osteen are accomplished Kansas City hospital malpractice attorneys who have secured substantial verdicts and settlements in medical malpractice cases.
With over 100 years of combined experience, they know the questions to ask and the records to seek. We hire top medical experts to review each case and testify how hospital staff deviated from professional standards of care.
Where to find our Kansas City, MO office:
