When you visit a doctor or hospital, you place your trust and your life in their hands. You expect to be treated with care and competence. Discovering that a medical error has caused you or a loved one harm is a deeply painful and confusing experience. It can feel like a betrayal of that trust.
At The Law Offices of Peter A. Jouras, Jr., we understand the emotional and physical toll this takes on a family. You likely have questions about what went wrong and what your future looks like. Our Overland Park medical malpractice attorney is here to listen to your story, explain your rights, and guide you through this difficult time with compassion and legal expertise.
When you hire us, you get the attention and care you expected to receive from the medical professionals. You will receive one-on-one attention and sound legal advocacy through this challenging time. We offer free consultations and work on a contingency fee basis, which means you pay nothing unless we win your case.
While we are located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave, we serve the entire Kansas City metropolitan area, including Kansas City, Missouri.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
Key Takeaways of Kansas and Missouri Medical Malpractice Claims
- Medical malpractice occurs when a healthcare provider fails to meet accepted standards of care and causes patient harm.
- To prove malpractice, four elements must be shown: duty of care, breach of duty, causation, and damages.
- Common malpractice cases include misdiagnosis, surgical errors, medication mistakes, birth injuries, and anesthesia errors.
- Liability may extend beyond doctors to nurses, hospitals, pharmacists, and other medical professionals.
- Victims may seek compensation for medical bills, lost income, future care, pain and suffering, and wrongful death losses.
- Missouri limits non-economic damages in malpractice cases, while Kansas does not currently enforce such caps.
How an Overland Park Med Mal Attorney Can Help You
Medical malpractice cases are complicated and require a deep understanding of both medicine and the law. Insurance companies and hospitals often have powerful legal teams working to minimize your payout. Having a dedicated advocate on your side gives you a better chance at securing justice and compensation.
As your medical negligence attorney, we will handle the heavy lifting so you can focus on healing. Our team will:
- Conduct a thorough investigation of your case.
- Gather and analyze all relevant medical records.
- Consult with independent medical experts to confirm if the standard of care was breached.
- Negotiate aggressively with insurance companies on your behalf.
- Prepare your case for trial if a fair settlement cannot be reached.
What Makes the Law Offices of Peter A. Jouras, Jr. Different?
When a medical professional has failed you, you need a legal expert to take charge during this difficult time. You are more than a case number, you’re someone we care about and will do everything we can to get you the justice you’re owed.
- Personal Attention: We are a small law firm, which means you won’t be passed around to an unending staff. You will have one-on-one contact with your med mal attorney throughout your case.
- Experience: We bring over 25 years of experience as personal injury attorneys to the table, providing the expert representation you deserve.
- Serves All of KC: We are licensed to serve clients in both Kansas and Missouri, helping families across the entire Kansas City metro area.
- No Financial Risk: We work on a contingency fee basis, meaning you won’t pay any legal fees unless we successfully recover compensation for you.
What is Medical Malpractice?
Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare, or health management.
To be considered malpractice under the law, the claim must have the following characteristics:
- A violation of the standard of care: The law acknowledges that there are certain medical standards that are recognized by the profession as being acceptable medical treatment. You have the right to expect that health care professionals will deliver care that is consistent with these standards.
- An injury was caused by the negligence: It is not sufficient that a health care professional violated the standard of care. The patient must also prove that he or she sustained an injury that would not have occurred in the absence of negligence.
Elements of a Medical Malpractice Injury
To win a medical malpractice case in Kansas or Missouri, four specific legal elements must be proven. We work diligently to establish each of these on your behalf:
- Duty of Care: We must verify that a doctor-patient relationship existed, meaning the provider had a professional duty to care for you.
- Breach of Duty: We must show that the provider failed to act with the level of skill and care that a similarly qualified provider would have used in the same situation.
- Causation: We must link the provider’s breach of duty directly to your injury. We must prove that the error caused the harm, rather than an underlying medical condition.
- Damages: Finally, we must demonstrate that the injury resulted in specific damages, such as physical pain, mental anguish, additional medical bills, or lost income.
Examples of Medical Malpractice Accidents
Medical errors can happen in any healthcare setting, from a routine check-up to complex surgery. Unfortunately, preventable medical errors are a leading cause of death and injury in the United States.
Common types of cases we handle include:
- Misdiagnosis or Delayed Diagnosis: Failing to identify a condition like cancer or heart disease in time for effective treatment.
- Surgical Errors: Operating on the wrong body part, leaving instruments inside the patient, or accidentally damaging internal organs.
- Medication Errors: Prescribing the wrong drug or dosage, or failing to check for harmful drug interactions.
- Birth Injuries: Negligence during labor and delivery that causes harm to the mother or infant, such as cerebral palsy or Erb’s palsy.
- Anesthesia Errors: Administering too much or too little anesthesia, or failing to monitor vital signs during surgery.
Kansas and Missouri Medical Malpractice Statistics
- The total number of medical malpractice suits in Missouri has decreased by about 50% in recent years.
- Despite fewer cases, payouts at the high end have increased, with the 90th and 99th percentile recoveries reaching around $1 million and $5 million, respectively.
- In national rankings, Kansas saw about 137 cases totaling roughly $40.3 million in payouts.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
Who Can Be Held Liable in a Kansas and Missouri Medical Malpractice Claim?
Liability isn’t always limited to a single doctor. Depending on the facts of your case, multiple parties may be responsible for the harm you suffered. These can include:
- Doctors and Surgeons: For errors in judgment, skill, or care.
- Nurses: For medication errors, failure to monitor patients, or improper communication with doctors.
- Hospitals and Medical Facilities: For inadequate staffing, poor hiring practices, or failure to maintain equipment.
- Pharmacists: For dispensing the wrong medication or dosage.
- Anesthesiologists: For errors during surgery preparation and monitoring.
Compensation Available in Kansas and Missouri Medical Malpractice Claims
If you have been harmed by medical negligence, you deserve compensation to take care of these additional medical bills and other losses. While no amount of money can undo the trauma you have experienced, compensation can provide financial stability and access to the care you need.
Our Kansas City, Kansas, and Missouri medical malpractice attorneys can help you seek compensation for:
Economic Damages
- Past medical bills related to the injury.
- Projected costs for future medical treatments, surgeries, medications, or therapies.
- Lost income from missed work during recovery.
- Reduction in future earning capacity if unable to return to previous work.
- Rehabilitation costs such as:
- Physical therapy.
- Occupational therapy.
- Necessary medical equipment.
Non-Economic Damages
- Physical pain and suffering.
- Emotional distress, anxiety, and psychological trauma.
- Loss of enjoyment of life, inability to partake in hobbies, activities, and relationships once valued.
- Disfigurement and permanent scarring.
Wrongful Death Damages
- Medical bills incurred before death.
- Funeral and burial expenses.
- Loss of:
- Financial support.
- Services provided by the deceased.
- Companionship, acknowledging the personal and economic void left behind.
Missouri has damage caps for malpractice: in 2024, about $420,749 for non-catastrophic injuries and $736,310 for catastrophic injuries.
Kansas once imposed increasing caps on non-economic damages in medical malpractice cases, but a 2019 Kansas Supreme Court ruling found those caps unconstitutional, meaning juries can now award full amounts for pain and suffering in most current cases.
Kansas and Missouri Medical Malpractice FAQs
How Long Do I Have to File a Medical Malpractice Claim in Kansas and Missouri?
- In Kansas: Under Kan. Stat. Ann. § 60-513, you generally have two years from the date the injury occurred or the date the injury was reasonably discovered. However, there is a “statute of repose” in Kansas that typically bars claims filed more than four years after the act giving rise to the injury, regardless of when it was discovered.
- In Missouri: Under Mo. Rev. Stat. § 516.105, you generally have two years from the date of the negligent act to file a claim. There are exceptions, such as cases involving foreign objects left in the body or failure to inform a patient of test results.
Because these laws are complex and subject to exceptions (especially for minors), it is critical to consult with an attorney immediately.
Is a Bad Medical Outcome the Same as Medical Malpractice?
No. Unfortunately, not every treatment is successful. A bad outcome does not automatically mean negligence occurred. Malpractice only exists when the provider failed to meet the accepted standard of care. We can help you distinguish between an unfortunate result and actionable negligence.
What Is ‘Informed Consent’ in A Medical Setting?
Informed consent means that a doctor must explain the potential risks, benefits, and alternatives of a procedure before you agree to it. If a doctor fails to warn you of a known risk, and you suffer an injury that you would have avoided had you known the risk, you may have a claim based on a lack of informed consent.
Schedule Your Free Consultation with Our Overland Park Medical Malpractice Attorney
If you suspect that you or a family member has been a victim of medical negligence, do not carry this burden alone. You need answers, and you deserve justice.
We at The Law Offices of Peter A. Jouras, Jr., are ready to listen with empathy and fight for you with determination. Contact our Overland Park medical negligence and malpractice lawyer today to schedule your free, no-obligation consultation. Let us help you start the journey toward healing and recovery.
We are located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave. We serve the entire Kansas City metropolitan area, including Kansas City, Missouri.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
For your free consultation, call (913) 677-1999
