Medical malpractice refers to the behavior of a health care provider that falls below the standard of care. The injured party must be able to prove in court that the health care provider breached his or her duty. In other words the medical provide did or failed to do something that violated his or her standard of care. The dispute usually involves what actually happened, what is the actual standard for this behavior, and whether the provider’s act or failure to act, was in violation of the standard of care. This can be very complicated since the practice of medicine is complex.
Do I need a lawyer in a medical malpractice case?
Yes. You will need a lawyer to investigate the case, gather the needed documents, and consult with medical experts, make a demand, negotiate a settlement or to file the case and present the evidence to the jury.
If I suffer an injury by a health care provider do I recovery damages automatically?
No. The injured party in a medical malpractice claim must prove the injury was proximately caused by the negligence of the defendant. We must prove, by evidence, that not only did the doctor do something wrong, but also the failure actually caused the injury. There are many mistakes that do not produce injuries which would not result in a good medical malpractice case. There are mistakes that produce injuries that do not fall below the standard of care. You can see this is a complex matter, which is why you should contact a Kansas personal injury lawyer to help you.
Are there time limits to file a medical malpractice case?
Yes. You should be aware that there are very strict time limitations for filing medical malpractice cases. If the case is not filed within that relevant time period, the plaintiff is forever barred from bringing the action. Therefore, if you choose to further pursue a case, we strongly urge you to retain a lawyer immediately. Give us a call at 273-4330.