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Home » Practice Areas » Medical Malpractice

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.

Practice Areas

Business Litigation
Legal Malpractice
Local Counsel
Medical Malpractice
Nursing Home Abuse
Personal Injury
Product Liability
Wrongful Death

For More Information

Fill out our online form

Recent Blog Posts

18
Negligence Lawsuits: What the Plaintiff Must Prove
February 18th, 2021
Negligence occurs when a party fails to exercise proper care and, as a result, damages occur. Laws surrounding negligence and liability vary from state to state, so it’s important to contact a Kansas and Missouri injury attorney to represent your c… Read More
6
Legal Malpractice: What You Must Prove
February 6th, 2017
If you believe you were not represented properly by an attorney, a Kansas legal malpractice attorney can help determine if you may have a claim. As you can imagine, pursuing a claim against an attorney can be an uphill battle. Attorneys that may be p… Read More

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Representative Work

$170,000 Jury Verdict in Negligent Misrepresenation Case
On April 24, 2018, attorney Patrick Hamilton obtained a $170,000 jury verdict in the United States District Court for the District of Kansas in a negligent misrepresentation case. Hamilton Law Firm’s client purchased a house in Kansas City, Missouri. Defendant Kathryn Sylvia was the seller’s real estate agent and an employee of defendant Platinum Realty. The sale was a “cash sale” in which payment was to be wired. The plaintiff received wiring instructions via email from Sylvia’s email account. Plaintiff forwarded the wiring instructions to his bank, which wired his money in accordance with the instructions. In actuality, the wiring instructions were prepared by a criminal hacker which caused plaintiff’s funds to be misdirected to Citi Bank in New York City. When the loss was discovered, plaintiff sued Sylvia and Platinum for negligent misrepresentation. The defendants claimed they did not email the wiring instructions to plaintiff and that plaintiff was comparatively negligent by not reviewing the wiring instructions before sending them to his bank. After a two day jury trial, the jury assigned defendants 85% of the fault and attributed 15% of the fault to plaintiff. Total damages were $196,622.67 with a net recovery to plaintiff of $167,129.27. Bain v. Platinum Realty LLC et al., Case No. 16-CV-02326-JWL. Read More
$280,000 Jury Verdict in Legal Malpractice Case (January 18, 2017)
On January 18, 2017, Hamilton Law Firm LLC obtained a $280,000.00 jury verdict in a legal malpractice lawsuit for Power Control Devices, Inc., an Olathe company specializing in the manufacture of electronic devices. The underlying litigation involved a breach of contract lawsuit against Orchid Engineering, Technologies and Consulting in the Boston, Massachusetts area. After PCD’s case had been pending for almost two years, Orchid filed a motion for summary judgment contending the lawsuit was not filed before the statutes of limitation expired. The United States District Court for the District of Massachusetts agreed, dismissing Power Control’s claims as untimely. Hamilton Law firm sued Power Control’s attorney in the underlying litigation, Michael “Mick” Lerner, for legal malpractice. After a seven day jury trial in Johnson County Kansas District Court, the jury returned a verdict in favor of Power Control. PCD Verdict Form 2617 Read More

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Hamilton Law Firm LLC
8700 Monrovia, Suite 310
Lenexa, KS 66215
913-647-7512

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