Overland Park Medical Malpractice Attorneys
Representing Victims of Medical Negligence in Kansas City
When you go to the doctor or the hospital, you expect to receive competent care. Unfortunately, this is not always the case. Medical malpractice is a serious problem in the United States, causing thousands of injuries and deaths each year. If you or someone you love was harmed by a healthcare provider’s negligence, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages.
At Shamberg, Johnson & Bergman, our Overland Park medical malpractice lawyers have been representing injured individuals and their families for more than 60 years. We have a proven track record of success, having recovered more than $750 million for our clients. Our team is prepared to fight for you and the maximum recovery you are owed.
Call (816) 542-5999 or contact us online today to request a free, confidential consultation.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to provide a reasonable standard of care, resulting in harm to the patient. This can include a wide range of negligent acts and omissions, from misdiagnosing a condition to making a surgical error.
Some of the most common types of medical malpractice include:
- Misdiagnosis or Delayed Diagnosis: Failing to diagnose a medical condition correctly or in a timely manner can lead to delayed treatment and worsening of the patient's condition.
- Surgical Errors: Mistakes during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary procedures, can result in serious harm.
- Medication Errors: Administering the wrong medication, incorrect dosage, or failing to consider a patient's allergies or potential drug interactions can lead to adverse effects.
- Birth Injuries: Negligence during childbirth, such as improper use of delivery tools, failure to respond to fetal distress, or inadequate prenatal care, can result in injuries to the newborn or mother.
- Anesthesia Errors: Mistakes in administering anesthesia, such as giving too much or too little, or failing to monitor the patient's vital signs during surgery, can have serious consequences.
- Nursing Home Negligence: Inadequate care, neglect, or abuse in nursing homes or long-term care facilities can lead to medical malpractice claims.
- Emergency Room Errors: Mistakes in the emergency room, such as delayed treatment, misdiagnosis, or failure to prioritize serious conditions, can result in harm to patients.
These are just a few examples of the many different types of medical malpractice that can occur. If you believe you or your loved one was the victim of medical negligence, reach out to our Overland Park medical malpractice attorneys today to learn how we can help.
How Do I Prove Medical Negligence in Kansas?
Medical malpractice claims are based on the legal theory of negligence. To prove negligence, you must show that the healthcare provider owed you a duty of care, that they breached this duty of care, that you were injured as a result, and that you suffered damages.
There are four main elements of a medical malpractice claim:
- Duty of Care: You must show that the healthcare provider owed you a duty of care. This is typically easy to prove, as a doctor-patient relationship is generally sufficient to establish a duty of care.
- Breach of Duty: You must show that the healthcare provider breached the duty of care owed to you. This means you must show that the provider failed to provide a reasonable standard of care. In other words, you must show that the provider’s actions or omissions were negligent.
- Causation: You must show that the healthcare provider’s breach of duty caused your injuries. This means you must show that you would not have been injured “but for” the provider’s negligence.
- Damages: You must show that you suffered damages as a result of your injuries. This can include both economic and non-economic damages, such as medical expenses, lost wages, pain and suffering, and more.
Proving medical negligence can be challenging, as healthcare providers and their insurance companies will do everything possible to avoid liability. That’s why it’s important to work with an experienced Overland Park medical malpractice attorney who can help you gather the necessary evidence and build a strong case on your behalf.
How Long Do I Have to File a Medical Malpractice Lawsuit in Overland Park?
In Kansas, the statute of limitations for medical malpractice claims is two years from the date of the injury or from the date the injury was discovered or reasonably should have been discovered. However, there is a four-year statute of repose that applies to all medical malpractice claims. This means that, regardless of when the injury was discovered, you cannot file a medical malpractice lawsuit more than four years after the date the injury occurred.
There are some exceptions to these deadlines. For example, if the victim is a minor, the statute of limitations does not begin to run until the child’s 18th birthday. Additionally, if the healthcare provider leaves a foreign object inside the patient’s body, the statute of limitations does not begin to run until the object is discovered.
Because the statute of limitations is so strict, it is important to contact an Overland Park medical malpractice lawyer as soon as possible after you discover your injury. If you fail to file your lawsuit before the deadline, you will be permanently barred from recovering compensation for your damages.
Why Choose Shamberg, Johnson & Bergman?
If you or someone you love was the victim of medical malpractice, reach out to our Overland Park medical malpractice lawyers today. We offer free initial consultations, so you have nothing to lose by speaking to a member of our team.
Our firm can thoroughly investigate your case, build a strong case on your behalf, hold the liable parties accountable for their negligent actions, and maximize the compensation you deserve. Do not hesitate to let us fight for you while you recover from your injuries.
Contact us today at (816) 542-5999 today to speak with our Overland Park medical malpractice attorneys.
TESTIMONIALS
We've Helped Thousands of People Just Like You-
“I highly recommend this practice. Richard Budden was extremely helpful, knowledgeable, and realistic with my expectations. He and his team were always quick to respond and handled all of my concerns ...”
- Sarah B. -
“After our son’s birth injury, it was our ultimate goal to determine what had really happened during his delivery. With the help of Shamberg, Johnson, & Bergman, we were able to get some answers and ...”
- Katy Brown -
“Highly recommend this firm. They were professional and helped us understand the whole process while working with them. David was very down to Earth and excellent to work with.”
- Amanda H. -
“David Morantz and his team were so very helpful and compassionate during an extremely difficult time in my life. They were very knowledgeable regarding laws governing our situation and gave perfect ...”
- Deanna B. -
“This firm, specifically, David Morantz, was a huge help in the case that I had over the past few years. All the members of the law firm that helped with everything put in tireless hours to give the ...”
- Jeff K.
What Makes Shamberg, Johnson & Bergman Different?
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Highly Respected in Our Field
Our attorneys are well-established in various areas of practice, including Attorney Lynn R. Johnson, who is a member of the prestigious Inner Circle of Advocates.
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A Legacy of Excellence
We have a longstanding history of exemplary legal representation dating back to 1949, but are committed to leveraging forward-thinking practices and technology for the benefit of our clients.
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Trial-Ready Legal Advocacy
While most of our cases result in successful settlements, our willingness to go to trial enables us to secure more favorable outcomes.
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A Network of Support
We work to ensure that you receive the resources you need after an injury, including medical care, access to experts, emotional and financial support.
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Committed to Our Community
Our advocacy does not stop in the courtroom - it extends into our support for various local organizations that benefit our community.
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Personal, Hands-On Attention
All members of our team, including partners, associates and paralegals, are committed to providing direct contact and clear communication.
There are many very good reasons for choosing the attorneys of SJB to represent you. Law firms have different skills, different areas of expertise and different ways of approaching cases. Find out about our firm’s strengths, successes on behalf of our clients, and more importantly, the five reasons why you should hire us.