Kansas Medical Malpractice Attorneys

Each year in the United States thousands of people are seriously injured or die because of negligence by medical practitioners - be it physicians, surgeons, nurses or anesthesiologists. Medical malpractice usually occurs when a medical professional fails to meet the standards and quality prescribed for medical care. According to The National Academy of Sciences, close to 100,000 Americans die each year from mistakes made by medical professionals.

It is appalling to even imagine that you may get hurt just trying to take care of yourself and become healthier or recover from a debilitating disease. A patient who signs a physician's consent form does not have to sign off or submit to poor or substandard care. Nobody goes into a hospital expecting to be misdiagnosed or given the wrong medication or treatment, but the fact is that these medical mistakes - often preventable - happen, and they can have serious consequences for affected patients and their families.

TYPES OF MEDICAL NEGLIGENCE

There are several types of errors that can result in medical malpractice lawsuits. Some of the most common ones include:

• Misdiagnosis or improper diagnosis
• Failure to diagnose an existing condition or disease
• Delayed diagnosis
• Prescription errors
• Medication errors
• Abandonment
• Hospital errors (not enough monitoring, neglect due to nurse understaffing, overdose of medication)
• Surgical errors
• Birth injuries

According to the American Academy of Family Physicians, diagnostic error usually accounts for more than one-third of medical malpractice claims. Also, a recent HealthGrades study found close to 200,000 United States hospital deaths that occurred in the years 2000, 2001 and 2002 were because of potentially preventable medical errors. Further, a 2006 study by the Institute of Medicine of the National Academies found that 1.5 million people are harmed by medical errors each year.

WHAT ARE DAMAGES?

There are two main kinds of medical malpractice damages: Actual Damages and Punitive Damages.

Actual Damages fall into two categories:

Economic Damages: the cost of additional treatment to right the wrong, loss of wages and loss of future earnings.

Non-Economic Damages: pain, suffering and emotional distress, loss of consortium, loss of counsel, loss of companionship, and loss of chance of a better outcome.

Punitive Damages are sustained when the doctor or medical practitioner or hospital has exhibited wanton or willful misconduct, or reckless disregard for a patient's well-being. In Kansas, punitive damages are awarded at the jury's discretion, and the amount is determined by a judge.

Some states, including Kansas, have imposed "caps" that limit the maximum amount of money an individual can recover in medical malpractice lawsuits. These caps, however, are constantly challenged in court and often times are overturned.

If you or a loved one has been a victim of medical malpractice, don't give up or lose hope. Call the experienced Wichita Kansas medical malpractice attorneys at Prochaska, Giroux and Howell for a free consultation. With our years of experience handling personal injury cases and our expertise in personal injury law, we will ensure that you get the best possible results in your case.

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