Kansas & Missouri Medical Malpractice Law

Medical malpractice occurs if a patient is injured by a doctor or other healthcare provider whose negligence causes the patient to sustain injuries and damages. While the rules governing medical malpractice claims vary from state to state, there are some general principals and broad categories of rules that apply to Kansas and Missouri medical malpractice cases.

Elements of Kansas & Missouri Medical Malpractice Cases

To prevail in a medical malpractice case you must prove the following:

  1. Physician – Patient Relationship. You must show that you had a physician-patient relationship with the physician in question. If a doctor began seeing you and treating you, you almost certainly have physician-patient relationship with the doctor.
  2. Negligence. The doctor must have been negligent — negligence is the failure to use that degree of skill and care that a reasonably prudent physician would use under the same or similar circumstances. Whether your doctor was reasonably skillful and careful is usually the main issue in a medical malpractice case. In most cases, Kansas and Missouri require patients to present testimony from a medical expert (physician) to testify about what a physician did or failed to do that caused the harm in at issue.
  3. Causation. Causation means whether what the doctor’s negligence caused the injuries at issue. The patient must show that it is "more probably true than not" that the doctor's negligence caused the injury in question.

Common Types of Medical Malpractice Cases

Several situations can lead to a medical malpractice claim. Common examples include: 

Failure to diagnose. If a competent doctor would have discovered the patient's illness or made a different diagnosis, which in turn would have led to a better outcome than the one achieved, the patient may have a viable medical malpractice claim. 

Improper treatment. If a doctor treats the patient in a way that no other competent doctor would, the patient could have a medical malpractice claim.

Failure to warn of known risks. Doctors have a duty to warn patients of known risks of a procedure or course of treatment, as well as the side effects of the medicines they prescribe.

Contact Us: Lenexa, KS, Medical Malpractice Lawyer Serving Kansas & Missouri

If you have a question about medical malpractice, please contact an experienced medical malpractice attorney. Call the Hamilton Law Firm at (913) 888-7100, email patrick@lenexalaw.com, or complete our online form. Based in Lenexa, in the Kansas City area, we practice throughout Kansas and Missouri.