Medical malpractice is defined as occurring when a physician fails to treat a medical condition properly, and the negligent or omitted treatment is the cause of new or aggravated injury to the patient. The physician cannot be held liable for the original medical condition.

Medical malpractice cases may involve a number of possible situations, including:

All victims of medical malpractice should be aware that medical malpractice lawsuits are complicated and expensive to pursue. The lawyers and insurance companies who handle claims of medical malpractice on behalf of the medical professionals are very aggressive in defending the physicians and hospitals that retain them.

Additionally, some insurance policies require that the physician must consent to any settlement for medical malpractice before it can be paid. Since most physicians will seek to protect their reputation, most medical malpractice cases do not settle, but go to court.

Outcomes of such medical malpractice cases show that juries are usually inclined to believe whatever a physician says. Therefore, a medical malpractice case must be carefully prepared and tried.

Another factor in medical malpractice cases becoming costly is that most physicians will not testify against a fellow doctor resulting in a nationwide search for an expert to testify for the injured person.

Due to the complexity of medical malpractice lawsuits, it is vitally important that they be filed as soon as possible after the medical malpractice has occurred. Medical records and expenses must be reviewed by the lawyer handling the medical malpractice case. Once a physician has been found this expert witness must review the records and confirm the existence of medical malpractice.

Obviously, these things take a lot of time, energy, resources and expenses. By hiring an experienced personal injury lawyer with knowledge in medical malpractice cases who can carefully review your medical malpractice claim to determine if it is viable and give you advice about the best way to pursue your claim, you will increase your chances of compensation for your injuries and losses.

Victims of medical malpractice are legally entitled to compensation for past and future medical expenses, loss of income and pain and suffering. Physical and emotional pain and suffering is considered in the compensation. Additionally, the spouse of the injured person has the legal right to compensation for the loss of services and companionship of their spouse.

It is your experienced medical malpractice lawyer's responsibility to determine as soon as possible whether there is a good, actionable medical malpractice case to pursue. Only a professional and experienced attorney can do this, because medical malpractice cases are complex, expensive, hard to win and usually involve a victim's personal attachment.

If the medical malpractice case is valid and actionable, the attorney will generally agree to advance all costs, only to be paid in the event of compensation, and/or work on a contingency basis in which the lawyer will receive a percentage of the compensation.

During the first stages of the medical malpractice case, the lawyer will need to obtain a detailed medical history including the names of all physicians and hospitals that have provided medical treatment to the client. To assist the lawyer in the medical malpractice case, the client should prepare a summary or timeline of all medical treatment, including dates, doctors, symptoms, diagnosis and treatment. After this point all relevant medical records will be obtained from the medical professionals by the attorney. Usually, proof of medical malpractice is found in these records.

Proving medical malpractice requires that a medical expert be retained to consult with your lawyer. This expert should likely be board certified in the appropriate field of medicine, and thus well qualified to give a medical opinion. Once the medical expert concludes that medical malpractice has occurred by the defending physician, a medical malpractice lawsuit may be filed against the offending physician and/or hospital.

Filing the medical malpractice lawsuit begins the legal process which may last several years. During this time both sides of the medical malpractice case exchange a series of documents (this is called "discovery"). If the parties are not able to resolve their differences the medical malpractice case, it will go to trial before a judge and jury.

If you, or a loved one, have been the victim of medical malpractice in Kansas or Missouri, please do not hesitate to contact our office for a free consultation and case evaluation.