Assisting Injured Individuals With Recovering Compensation
Medical negligence – also known as medical malpractice – occurs when a health care provider fails to act in a reasonable manner under the circumstances, resulting in the patient suffering an injury or illness. When it comes to practicing medicine, even good doctors can make mistakes. When these mistakes happen, and you suffer an injury as a result, you may be able to file a medical malpractice claim or lawsuit against the negligent health care provider.
If you or someone you care about has suffered an injury as a result of medical negligence, it is essential that you have an experienced attorney on your side, representing you every step of the way. The knowledgeable legal team at the Montee Law Firm can help you throughout the investigation and claims process. If your case does not settle, an experienced attorney can assist you with fulfilling all of the remaining requirements and pursuing compensation for your injuries – through litigation, if necessary.
Please give us a call today at (816) 364-1650 or contact us online to learn more about how we can assist you with pursuing monetary compensation for the injuries you suffered as a result of medical negligence.
The different types of injuries that a patient can suffer as a result of medical negligence are almost too numerous to name. Similarly, there are numerous ways that a healthcare provider can botch a medical procedure, resulting in the patient experiencing an illness or injury. Some of the most common types of medical negligence that can lead to problems down the road, such as the failure to diagnose a condition properly. Other types of medical malpractice include the following:
Botched medical procedures – A botched medical procedure occurs when a healthcare provider does not perform surgery or other procedure in the proper manner and in accordance with the proper standard of care (usually a national standard of care for specialists) – or performs the surgical procedure on the incorrect body part.
Leaving something inside the patient’s body – One type of botched medical procedure includes leaving something, such as a sponge or surgical tool, inside the patient’s body prior to closing up the wound after the procedure.
Lack of consent – In order to validly perform a medical procedure, the healthcare provider must obtain the patient’s consent (or the consent of the patient’s representative, if the patient cannot make decisions for himself or herself). If the healthcare provider performs a medical procedure without obtaining the patient’s consent – or exceeds the scope of the patient’s consent while performing the procedure – then the patient may be able to file a medical malpractice claim for any resulting complications.
Failing to properly sterilize surgical equipment – Failing to properly sterilize surgical equipment prior to use on a patient can increase the patient’s chances of contracting a disease or illness.
If you or your loved one has been the victim of a poorly performed surgery or other medical procedure that resulted in complications, then you should contact an experienced Kansas City medical malpractice attorney today.
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Time Periods For Medical Malpractice Claims
In the State of Missouri, an injured patient normally has two years from the date of the alleged negligent conduct (i.e., the botched medical procedure) to file a claim for medical negligence or malpractice against a healthcare provider.
However, there is a discovery rule in place for medical malpractice claims. Under this rule, the two-year medical malpractice clock will not begin until the doctor’s negligence was discovered – or reasonably should have been discovered – by the patient. This rule is especially applicable to cases in which the healthcare provider leaves a sponge or some other unauthorized object in the patient’s body following a medical procedure.
Moreover, if the healthcare provider fails to properly inform a patient of his or her test results (including test results that reveal a disease), the two-year clock does not start to run until such time as the patient discovers – or reasonably should have discovered – the doctor’s negligent failure to inform. Finally, the two-year statute of limitations clock does not begin running until such time as the patient ends his or her medical treatment with the negligent provider.
Even in cases that involve these types of delayed discovery, the patient must still file the claim within a period of ten years (called the “outer limit”).
Call A St. Joseph Medical Malpractice Lawyer
At the Montee Law Firm, our legal team can ensure that you satisfy all relevant provisions of the Medical Malpractice Statute. To schedule a free case evaluation and legal consultation with a St. Joseph Medical Malpractice Lawyer, please call us at (816) 364-1650 or contact us online to learn more about how we can help you pursue the monetary recovery you need.
James Montee
James Montee, founder and managing partner of the Montee Law Firm, has dedicated his career to representing accident victims across Missouri and Kansas. Since establishing the firm in 1996, he has recovered more than $300 million in verdicts and settlements, including numerous million-dollar cases. Recognized as Missouri’s Winningest Lawyer in 2013, James brings decades of experience and a strong commitment to maximizing results for his clients.
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“Extremely professional, helpful, and knowledgeable group. I have the highest praise for this group of attorneys. If you, like me have an aging parent or parents please contact this group, especially Amber Thaling, to guide you through the necessary steps.”
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney James Montee, who has spent his legal career helping injured individuals and their families.
3 month ago
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