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5 Medical Malpractice FAQs

Posted By Montee Law Firm, P.C. || 22-Sep-2017

Medical malpractice cases can be complex, which is our attorneys at Montee Law Firm, P.C. have put together a list of some of the most frequently asked questions about this area of law. For more information, contact us today!

How do I know if I have a medical malpractice case?

In order to have a medical malpractice case, the plaintiff must be able to prove that their injuries were caused by a medical professional’s negligence. Note that an individual only has a valid case if they have actually suffered injury – even if a doctor clearly acts below their standard of care, if their mistake does not actually cause any harm, there is legally no malpractice.

What is a standard of care?

A standard of care is the level at which the average, prudent healthcare provider would diagnose or treat a certain condition. In order to be successful in a medical malpractice case, it must be proven that the doctor’s actions in caring for you fell short of how their peers would have acted in the same or similar situation.

What constitutes negligence?

Medical negligence comes in many forms. Some examples of negligent behavior that could lead to a medical malpractice case include:

  • Failure to diagnose in a timely manner
  • Failure to warn a patient of known risks associated with a course of treatment or surgical procedure
  • Improper or incompetent treatment
  • Medication errors

How to prove medical malpractice:

The plaintiff must prove the following elements in a malpractice case:

  1. The doctor owed you a duty of care
  2. The doctor was negligent in their duty
  3. The doctor’s negligence caused injury to the patient
  4. The injury led to specific economic and non-economic damages (for example: lost income and earning capacity, medical bills, mental anguish, physical pain and suffering, etc.)

What evidence is considered in a medical malpractice case?

The following documentation can help your attorney build your medical malpractice case:

  • Copies of your medical records and medical bills
  • Written communications from your insurance carrier and healthcare provider
  • Photographs of your injuries
  • Personal notes describing the status of your condition

Have further questions about medical malpractice? Call a Kansas City personal injury lawyer at Montee Law Firm, P.C. today. We can help you determine whether you have a viable case, who can be held liable, and what your options are for pursuing just compensation. Contact us for your free consultation. For your convenience, we offer evening, weekend, and in-home appointments.

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