Kansas City Personal Injury Law Blog

Midwestern malpractice victims don't have to go it alone

When Kansas City residents visit a doctor's office or experience a stay in a hospital, they generally trust that they will be cared for by a team of professionals focused on patient safety. However, at times, patient safety gets overlooked when a medical professional is negligent or even reckless regarding their job duties. When a patient is injured or even killed due to medical negligence, the aftermath can be both tragic and bewildering. By securing the proper legal help, though, victims can move forward in holding negligent parties accountable.

The process begins with an initial consultation with a medical malpractice attorney. Experienced trial attorneys Shamberg, Johnson & Bergman offer a free consultation to potential clients throughout Missouri as well as Iowa, Kansas, Nebraska and Oklahoma. At the consultation, a medical malpractice attorney can review the facts of one's case and hear the patient describe their experience and its effects. The initial consultation will also lay the foundation for an ongoing relationship between client and attorney.

Signs of mild brain injury and its treatment

Throughout Missouri, people are liable to suffer a head injury at any moment. While most won't result in any long-term damage, a brain injury can still have severe consequences even if it is mild. A concussion is a frequent issue discussed in the news, but the brain damage it can do is slowly becoming more evident.

While a concussion often doesn't reach the level of a major injury that leads to extensive hospitalization and a dramatically altered life, it is still a brain injury that can disrupt the normal ability to function. Like any physical injury to a part of the body, some are worse than others. That's true with concussions as well. The level of brain injury and how it's assessed will depend on the person's ability to maintain consciousness; if he or she was unconscious, how long it lasted; if there is a problem with memory; if there were other side effects to the behavior, physicality or cognitively; and how effectively they recover.

Missouri police search for driver fleeing scene of fatal crash

It is an unfortunate reality, but roads are often site of serious and sometimes fatal automobile collisions. Accident victims and their loved ones often suffer greatly after a negligent driver causes a crash. Through investigation and legal actions, loved ones might be able to recover compensation but this does not make them whole again after the loss of a loved one. Moreover, in matters of a hit-and-run accident, family members of the deceased often suffer tremendously as they seek to locate the driver at fault.

According to recent reports, Missouri police responded to a fatal hit-and-run accident in Independence. The preliminary reports suggest that the incident occurred at the intersection of U.S. 24 and Blue Mills Road.

Long-term care following a spinal cord injury

Whether it was in an accident with a motor vehicle or in the workplace, a spinal cord injury can significantly impact the lives of a victim and their loved ones. The treatment plan is often extensive, can last for a long time and can come with a large price tag.

While it is unfortunate that the damages to the spinal cord in a spinal cord injury cannot be reversed, there are treatment plans that can help promote nerve cell regeneration and improve function. These treatment plans often mean much medical attention and often requires long-term care for the victim.

Understanding FDA warnings of serious medication errors

Medical professionals are heavily relied on when residents in Missouri fall ill or are injured. Once diagnosed, patients are often treated with medicine at a hospital, clinic or at home via a prescription. While medication could help treat a patient or help them with the recovery of an injury or surgical procedure, errors could occur. A pharmaceutical error could result in great harm to a patient, causing them medical conditions, injuries and even death.

Because medication errors are serious and could have severe outcomes, the Food and Drug Administration or FDA makes communications and announcements concerning medication errors to both healthcare professionals and patients in order to reduce these types of errors. A current medication safety announcement by the FDA concerns the administration of medicine given to treat neurological complications from ruptured blood vessels in the brain.

Missouri Senate passes cap on medical malpractice damages

Patients rely on the expertise of medical professionals to diagnose and treat them for their ailments. If a physician fails to meet the accepted standard of care in their specialty and a patient is injured as a result, the patient has the right to seek compensation through a medical malpractice suit. If a bill that recently passed the Missouri Senate becomes law, the amount of that compensation may be limited.

The Senate voted this month to reinstate a damages cap that was overturned by the Missouri Supreme Court three years ago. In a 28-2 vote, state senators passed a bill to limit the non-economic damages, such as pain and suffering, in lawsuits for medical malpractice. Under the Senate bill this limit would be put at $400,000. For catastrophic injuries, the limit would be $700,000. For wrongful death cases, the existing cap would be raised from $350,00 to $700,000.

Elements to prove in a medical malpractice lawsuit

When a Kansas City resident decides that he will initiate litigation against another party, he must be aware of the elements that he is responsible for proving in his case. Every civil claim is different and, therefore, readers of this personal injury blog should consult with their own counsel, rather than relying on the information provided herein as a basis for their legal claims. This post is provided as a very basic overview of what a person might be asked to prove if he alleges that he is the victim of medical malpractice.

As with other claims that are based on negligence, a victim may first be asked to prove that the allegedly responsible party owed him, the victim, a duty of care. In the doctor-patient relationship, this duty can arise when a doctor agrees to treat a patient. Doctors are assessed by a legal standard that compares their actions to those that a reasonably prudent doctor would take, given the circumstances of the victim's case.

March is Brain Injury Awareness Month

Prior posts here have addressed the serious problems associated with brain injuries. A brain injury can alter the course of a person's life by affecting balance, coordination, cognitive abilities and many other necessary bodily functions. Serious damage to a person's brain can render an otherwise healthy individual dependent on the kindness and care of others.

Due to the importance of recognizing and researching brain injuries, the Brain Injury Association of America has declared March "Brain Injury Awareness Month." Through this campaign it hopes to offer support to those Americans who have suffered brain injuries and to let them know that they are not alone in their battles.

Wrongful death case involves caramel apple death

Caramel apples are a delicious treat for many Missouri residents. But, the tasty sweetened fruit may be dangerous sometimes, just like the apple that poisoned Snow White in the fairy tale.

Some caramel apples were recalled several months ago after the Centers for Disease Control and Prevention stated that they were infected with Listeria. Seven people died after eating the apples.

Helping truck accident victims assert their legal rights

Like most drivers in the country, Missouri drivers probably find the prospect of being in a truck accident frightening. Considering the number of lives lost on the nation's streets and highways every year, they should. According to the National Highway Traffic Safety Administration, more than 3,900 people died and 104,000 people were injured in traffic crashes involving large trucks in 2012.

The number of casualties produced by truck accidents is not surprising. Motorists in most vehicles are at a disadvantage in an accident because of the sheer size of a commercial truck, especially one that is fully loaded and traveling over or even at the posted speed limit. Sometimes, just a seemingly minor contact between a passenger vehicle and a truck can injure or kill those in a car, van or pickup truck. Truck drivers themselves pose risks because some fail to adhere to federal and state regulations regarding hours of service and rest periods. Fatigued drivers are about as dangerous as drunk drivers in failing to operate their vehicles safely.

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