Representing Patients in Missouri & Kansas
Medicine should help us, not harm us. We have a certain level of faith in our doctors, believing that they will provide appropriate treatment and prescribe drugs safe for us to take as directed. Unfortunately, that is not always what happens. Healthcare providers sometimes make preventable mistakes resulting in injury to their patients. When people suffer medical injuries due to unsafe treatment or pharmaceuticals, they turn to Cannezzaro Marvel.
What is medical malpractice?
Medical malpractice is often defined as negligence by a medical professional. However, negligence or a medical mistake alone do not always establish a successful medical malpractice claim.
Medical negligence requires a medical professional's breach of the medical standard of care resulting in injury or harm to a patient. The standard of care for medical professionals differs from the general standard of care of a reasonable person in that it analyzes the situation according to a similarly trained and experienced medical professional under similar circumstances.
Here we've put together some of the most frequently asked questions about cases involving medical or drug injuries we get at Cannezzaro Marvel , but if you are considering filing a suit, you should call us at 816.641.5600 to obtain sound, legal advice about your case.
What Constitutes a Defective Drug Claim?
The pharmaceutical drugs available in the United States, whether they are prescription or over-the-counter, are intended to keep us healthy. However, when those drugs don't work in the ways in which they are intended, they can do the exact opposite. Because there are many different types of defective drug cases, there are naturally many different ways to prove a defective drug case.
Three theories to prove liability in a defective drug case are strict liability, breach of warranty, and negligence. Satisfying the elements of these theories (you can invoke one or all three) means you stand a good chance of maximizing a settlement or winning a verdict award.
When can I sue a doctor or another medical professional in Midwest for an injury?
The first requirement for suing a doctor or other medical professional is that a doctor/patient relationship existed between you and the medical professional when the harm occurred. Additionally, the medical professional's negligence must be causally connected to your injury or harm.
It is also important to note that medical malpractice claims are typically required to be filed soon after an injury or harm occurs because of the deadlines set by each state, known as the statute of limitations, which could bar a claim if not met.
When can I sue a hospital or another medical establishment for an injury?
A hospital or other medical establishment can be sued for a patient's injury under certain circumstances. The main question is whether the negligent doctor or other medical professional was an employee of the hospital or other medical establishment at the time of the negligence and injury.
In some cases, hospitals may purposely make it difficult to determine if a doctor is an employee of a hospital to avoid liability. An additional question is whether the doctor or other medical professional was acting under the scope of their job-related duties when the negligence occurred.
What are the most common types of Missouri and Kansas medical malpractice claims?
Unfortunately, there are many forms of medical malpractice that could lead to significant harm to a person and result in a lawsuit. Some of the most common forms of medical malpractice include:
- Failure to diagnose
- Delayed diagnosis
- Surgical errors and anesthesia errors
- Unnecessary surgery
- Medication errors
- Birth injuries
Although a doctor might engage in one of the common forms of medical malpractice, such action does not always result in a malpractice claim, especially if no harm or injury results.
What is a medical malpractice case worth in Midwest?
It is important to understand that each medical malpractice case has a unique set of factual circumstances that determine the case's value. A successful medical malpractice claim also requires significant evidence and testimony, which is often challenging without an experienced legal professional.
With that being said, some of the key factors that affect the value of a case include the severity of the doctor's negligence, the significance of the injury and harm, and any negligence by the patient.
Contact an Attorney about your Medical or Drug Injury
Medical and Drug Injury cases are incredibly difficult and require compliance with many additional state laws and court rules. As such, an experienced attorney could make the difference in securing a favorable settlement or verdict.
At Cannezzaro Marvel, we have the knowledge and experience to successfully handle your medical or drug claim. Call 816.641.5600 or fill out our contact form to schedule a free consultation.