Steps to Take Before Pursuing a Medical Malpractice Claim in Kansas

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A medical malpractice case holds healthcare providers accountable for negligence that results in patient harm. It also seeks compensation for victims and their families, including damages such as medical expenses, lost wages, and emotional suffering.

To pursue a medical malpractice claim, you must assess your situation thoroughly to determine if legal action is appropriate. Seeking help from a knowledgeable Kansas medical malpractice attorney can make all the difference in building a strong case and pursuing fair compensation for your losses.

What questions should you ask before filing a medical malpractice lawsuit?

Filing a medical malpractice suit requires careful thought and preparation. You first need to determine whether you have a valid claim. Asking the right questions upfront can provide clarity and help you build a stronger claim. Some questions worth asking include:

Do I have a medical malpractice case?

Medical malpractice or negligence occurs when a healthcare professional provides improper care or fails to meet accepted standards, which results in patient harm. Common examples include:

Misdiagnosis or failure to diagnose a condition.
Incorrect treatment that worsens the patient’s condition or causes additional harm.
Failure to warn patients of risks associated with a procedure or treatment.
Surgical errors, such as performing surgery on the wrong site or leaving surgical instruments inside the patient.
Medication errors, including prescribing the wrong drug or incorrect dosage.
Birth injuries, such as improper use of forceps or failure to perform a necessary C-section.
Anesthesia errors, such as administering too much anesthesia or failing to monitor vital signs during surgery.
Failure to obtain informed consent, where the patient is not made aware of treatment risks or alternatives.
Poor post-operative care that results in infections or complications going unnoticed.
Miscommunication among medical staff leading to improper treatment.
Incorrect referrals or delays in treatment that result in harm.

Do I have sufficient evidence and documentation?

Strong evidence is necessary to support your claim. You’ll need:

Medical records that document substandard care.
Bills, lost wages, and records of emotional suffering.
Testimony from experts confirming the provider’s negligence.

Was there a doctor-patient relationship?

You must show that the healthcare professional you’re suing treated you directly. If no formal relationship exists, it can be difficult to establish liability. For example, a doctor offering casual advice at a social event wouldn't qualify under medical malpractice.

What doesn’t count as medical malpractice?

Keep in mind that not every negative medical outcome qualifies as medical malpractice. Sometimes, despite a healthcare provider's best efforts, things can still go wrong.Here are a few scenarios that typically don’t meet the criteria for a malpractice claim:

Unavoidable complications

Certain medical conditions or procedures come with inherent risks. If a complication arises that was communicated as a possibility, and the medical team followed the accepted standard of care, it’s usually not considered malpractice.

Unsuccessful treatments

A poor outcome or an unsuccessful treatment doesn’t necessarily mean malpractice occurred. If the doctor followed the appropriate protocols, even if the treatment didn’t work as expected, it’s probably not grounds for a claim.

Known side effects

Many treatments and medications have side effects that are well-documented. If a patient experiences these known effects and was warned about them beforehand, it doesn’t constitute negligence.

Alternative opinions

If two qualified medical professionals have different approaches or treatment plans, choosing one over the other isn’t automatically malpractice. Medical practice often involves subjective judgment and professional discretion.

Unforeseen medical issues

Sometimes, unexpected complications arise that even the best doctors couldn’t have predicted. If the medical team did everything within their scope to address the issue, it’s unlikely to be considered malpractice.

Talk to a Kansas medical malpractice attorney to review your potential legal options

If you or a loved one suffered harm because of medical negligence, it’s time to take action. The Kansas medical malpractice lawyers at Warner Law Offices know how overwhelming medical malpractice cases can feel. With more than 50 years of combined experience, our legal team is ready to fight for the compensation you need to move forward. Whether your case involves surgical errors, missed diagnoses, or medication mistakes, we'll launch a thorough investigation and gather the facts to build a strong case on your behalf.

We can also negotiate with insurance companies for maximum compensation. If necessary, we can file a lawsuit, take your case to trial, and work tirelessly to secure the best possible outcome for you and your family. Some of our most notable medical malpractice case results include:

A $4.25 million settlement involving a birth injury resulting in serious harm.
$3.997 million jury verdict for failure to timely diagnose pancreatic cancer.
$2.375 million settlement for failure to diagnose hypoxia in a one-year-old.

Kansas law limits how long you have to file a claim, so it's important to act fast. Let us protect your rights and help you get the justice you deserve. Contact us online or call our Wichita law office today for a free case evaluation.