Medical Malpractice & Pharmaceutical Negligence Lawyer

Your #1 Rated Kansas City Medical Malpractice Lawyer

Have you been injured as a result of Medical Malpractice or Pharmaceutical Negligence in Missouri or Kansas? Time is of the essence. Call Devkota Law Firm Now To Get on the Path to Your Best Recovery.

What Do You Have to Prove in a Medical Malpractice Claim?

To pursue a successful claim, certain legal elements must be established. Additionally, you have to back up every element with substantial evidence. That is why you need to seek legal representation when handling medical malpractice cases to help prove your claim.

Here are the elements you need to prove:

Doctor-Patient Relationship

First, you need to show that there was a doctor-patient relationship in place. This means that the healthcare provider owed you a duty of care because you sought and received medical treatment from them. Without proof of this relationship, the provider may argue they were not responsible for your care.

Violation of the Standard of Care

Healthcare professionals are expected to adhere to a “standard of care,” which refers to the quality of treatment expected from a competent doctor in the same field under similar circumstances. To prove malpractice, you must show that the doctor’s actions deviated from this standard, either through negligence or error. This often requires expert testimony to explain what a reasonable doctor would have done differently.

Injury Caused by Negligence

It is not enough to show that a healthcare provider acted negligently; you must also demonstrate that this negligence directly caused your injury. This can be challenging, as healthcare providers may argue that your injury or worsened condition was due to underlying health issues or unavoidable complications rather than their actions. Establishing a direct connection will heavily rely on medical records and other forms of evidence.

Damages

Finally, you need to demonstrate that the injury resulted in tangible harm, whether physical, emotional, or financial. This can include additional medical costs, lost wages, pain and suffering, and other losses tied to the injury. Clear documentation of these damages will be essential in determining the compensation you might be entitled to.

Process for Filing a Medical Malpractice Claim

If you think that your case justifies a lawsuit, you’ll need to go through a set of steps. Some of the steps in a medical malpractice lawsuit in Kansas City include:

• Initial case evaluation: The process begins with a consultation with a medical malpractice attorney. In this meeting, the attorney will keenly look at the facts of your case, listen to your account of events, and assess whether the evidence points to negligence.

• Gathering medical records and expert opinions: Medical records form the foundation of any malpractice claim. Once the attorney has gathered these, they will likely consult medical experts. These professionals will analyze the case to determine whether the healthcare provider failed to observe the standard of care.

• Pre-litigation requirements: In Kansas and Missouri, you must file a certificate of merit before proceeding with a lawsuit. This document confirms that a qualified medical expert has reviewed the case and determined that it has merit. In Kansas, you must submit this certificate within 120 days of filing the lawsuit. 

• Filing the complaint: Once you’ve fulfilled pre-litigation requirements, your lawyer will prepare and submit a formal complaint to the court. This complaint outlines your allegations, the damages sought, and the parties involved.

• Discovery process: After filing, both parties enter the discovery phase. This process involves the exchange of evidence, depositions, and expert witness testimonies. The aim of this process is to build a robust case before trial or settlement negotiations.

• Settlement negotiations or trial: The majority of medical malpractice cases resolve before reaching the court, especially if the evidence against the defendant is admissible. However, in case the parties can’t settle on a settlement, your lawyer may pursue trial as a way of seeking just compensation. At trial, the parties to the case have an opportunity to further present their arguments, and a jury or judge will give a verdict.

The legal process for medical malpractice is often long and complicated. Such cases are more challenging when it comes to proving negligence on the part of medical professionals, who are highly qualified and have the capacity to challenge claims. Luckily, a medical malpractice attorney in Kansas City will support and guide you in proving your claim and seeking rightful compensation.

Common Types of Medical Malpractice

Any time a healthcare provider strays from the standard of care, harming the patient, it amounts to malpractice. While mistakes happen in all industries, medical errors are the third leading cause of death in the U.S. Common forms of medical malpractice encompass the following: 

Misdiagnosis or Delayed Diagnosis

These errors are some of the common types of medical malpractice. They happen when a healthcare provider fails to correctly diagnose a patient’s condition in a timely manner. As a result, patients may receive incorrect, delayed, or no treatment, which may worsen their condition.

According to a study across all clinical settings, diagnostic errors contribute to roughly 795,000 deaths or disability each year in the U.S. This makes misdiagnoses a significant problem in healthcare.

Medication Errors

Medication errors involve the incorrect prescription, dosage, or administration of a drug. This type of malpractice can occur at any point in the process, from prescribing to dispensing medication.

According to the FDA, there are over 100,000 reports of medication errors each year. These errors can occur in hospitals, pharmacies, or during outpatient care, where patients suffer severe side effects.

Childbirth Injuries

Medical malpractice can occur during childbirth, affecting both the mother and the baby. These injuries often result from improper use of medical tools or failure to monitor fetal distress. Some common injuries due to childbirth injuries include:

• Cerebral palsy
• Brachial plexus injuries
• Fractures
• Excessive blood loss for the mother

A good example of childbirth injury is when a doctor delays performing a C-section when the baby is in distress. This may lead to oxygen deprivation and long-term brain damage.

Anesthesia Errors

Anesthesia mistakes are among the most serious types of medical malpractice. They occur when an anesthesiologist does any of the following:

• Failure to assess a patient’s medical history
• Administers too much or too little anesthesia
• Failure to monitor the patient during surgery

Anesthesia mistakes can cause serious brain damage, paralysis, and sometimes wrongful death.

Failure to Treat

This kind of medical malpractice happens when a doctor gets the diagnosis right but fails to provide the necessary treatment. For example, a doctor could release a patient from care too early, fail to refer them to a specialist, or do not follow up on necessary tests and treatment.

Lack of Informed Consent

Informed consent ensures that a patient knows about the risks, benefits, and alternatives associated with a medical procedure. If a doctor performs a procedure without obtaining the patient’s informed consent and the patient suffers harm, it could be considered malpractice.

For example, when a surgeon performs an experimental surgery without explaining the potential risks to the patient, resulting in complications.

Premature Discharge

Sometimes, patients are discharged from the hospital too early, without sufficient care instructions or a proper evaluation of their condition. This can lead to worsening conditions or additional medical complications that could have been avoided with proper post-discharge care.

Surgical Errors

Surgical errors occur during surgery and may involve errors during operations. The Journal of Patient Safety estimates that 4,000 surgical errors happen every year in the U.S. These cases may include the following: 

• Operating on the wrong body part
• Performing an incorrect procedure
• Injury to organs or nerves
• Leaving surgical instruments inside the patient’s body
• Wrong-patient errors

These errors can cause severe complications and may require additional surgeries to correct.

Failure to Order Proper Testing

Doctors are responsible for ordering necessary diagnostic tests to rule out or confirm a diagnosis. Failure to do so can delay treatment and cause further complications.

Example: If a patient shows symptoms of cancer and the doctor fails to order a biopsy, the cancer could advance to a stage that is much harder to treat.

Your Kansas City medical malpractice lawyer will help identify the type of malpractice that occurred, prove fault on the part of the attending doctor, and initiate a compensation claim.

Compensation in a Medical Malpractice Case

Victims of medical malpractice often suffer dire consequences. Thus, they are entitled to several types of compensation to cover their damages. Compensation in medical malpractice cases in Kansas City involves the following: 

• Medical expenses: Covering past and future medical expenses related to the injury is a major focus in most malpractice claims. This includes expenses like surgeries, hospital stays, physical therapy, prescription medications, and any specialized care required due to the injury.

• Lost earnings and loss of ability to work: If the malpractice reduces your ability to work, you could recover compensation for lost earnings. In more severe cases, where you can’t return to work at all, you may also claim recovery for the loss of earning capacity.

• Pain and suffering: Medical malpractice can cause severe physical pain and emotional distress. Recovery for pain and suffering addresses the mental anguish, physical discomfort, and loss of quality of life caused by the injury.
• Punitive damages: In rare cases, damages may be awarded to punish the healthcare provider for their gross recklessness. These damages aim to deter such negligence in the medical profession rather than compensate the plaintiff.

The amount of compensation varies based on the specifics of the case, such as the extent of the injury, the level of negligence involved, and the full impact on the patient’s life. Your lawyer can help figure out the total damages to ensure you get fair compensation.

How Our Medical Malpractice Lawyers Can Help You

At Devkota Law Firm, we know how devastating medical malpractice can be for victims and their loved ones. Sometimes, these errors cause long-term health issues and sometimes death. The emotional toll placed on the family members by the burden of such injuries can be overwhelming. 

Our medical malpractice attorneys in Kansas City offer compassionate legal support throughout the entire claims process, including:

• Case evaluation and investigation: We will thoroughly investigate your claim, gathering all necessary medical records, consulting expert witnesses, and analyzing whether malpractice occurred. This ensures that your case is backed by solid evidence before proceeding.

• Expert testimony and advocacy: Medical malpractice cases often hinge on the testimony of expert witnesses. We have a network of medical experts ready to review your case and testify on your behalf. Our attorneys are skilled in presenting complex medical information in a way that is compelling and understandable to judges and juries.

• Negotiation and settlement: We’ll actively work with the other party’s insurance company and legal team to get you the best possible settlement. If we cannot reach a fair agreement, we are prepared to take your case to trial to fight for your rights.

• Personalized guidance: Every medical malpractice case is unique, and we provide personalized attention to ensure your needs are met. Our legal team is ready to take up your case and help handle the legal process, explain the legal steps, and make sure you understand your available options.

• Adequate restitution: Some injuries from medical malpractice may require lifelong care. We ensure that your settlement or award accounts for the costs of long-term rehabilitation, therapy, or medical assistance.

Statute of Limitations for Medical Malpractice Claims in Kansas City

Kansas City follows specific statutes of limitations for medical malpractice claims. In most cases, you have two years from when the malpractice happened to file a lawsuit. It’s in your best interests to get a Kansas City medical malpractice lawyer on board as soon as the incident occurs. The sooner, the better, as it will be possible to meet the stipulated deadline for launching a lawsuit.

Note that if you don’t take action within two years, your grounds for filing a claim may be nullified.  However, there are a few exceptions to the statute of limitations:

• Discovery rule — The discovery rule allows more time to file a claim if the injury wasn’t immediately obvious. In cases where you didn’t know about the malpractice right away, the clock starts when you first discover the issue or should have reasonably found out.

• Minors — If a child is harmed by medical negligence, the time limit for launching a lawsuit is extended. In Missouri, they have until their 20th birthday to file. In Kansas, they must file by the time they turn 19.
• Fraudulent concealment — If a healthcare provider tries to hide a mistake or injury from you, the deadline for launching an official claim may be extended. The timeframe starts once you uncover the malpractice. 

Due to the possibility of numerous factors that surround your case influencing your lawsuit’s filing timeline, it is highly recommended to consult with an attorney promptly to ensure your actions are done timely.

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Prescription Error Lawsuits: Due to the millions of prescriptions filled every week by pharmacies, the retail drugstore industry says there is an acceptable and permissible rate of error. That means that there is a chance you may be the one who receives the wrong medication or wrong dosage at the pharmacy due to the negligence of the pharmacist in an erroneously filled prescription or your doctor may prescribe a medication incorrectly and the pharmacist fails to find the error or contraindications with other drugs prescribed.

With dollar signs flashing in their eyes, large drug stores are prone to sell drugs at a high rate of speed while consumers are forced to bear the burden of their greed by sustaining injuries from their acceptable margin of error. They know a small percentage of consumer will receive the wrong medication! What if that is you!  If you are injured as a result of a prescription error, call our Kansas City personal injury lawyers at Devkota Law today.

YOU’VE GOT ONE SHOT TO GET IT RIGHT

What can go wrong?

• Lose your case.
• Receive a small settlement.
• Long delays.
• Poor communication.

Watch Out For These Red Flags

• Constant Expensive TV & Billboard Ads
• Limited or No Jury Trial Experience
• Firm settles most cases and does not file lawsuits.
• No personal customer service liaison.

The Big Box Pharmacies and Med-Mal Companies Don’t Like us…..

Understanding Kansas City Pedestrian & Bicycle Accident Law

Know Your Rights So You Can Hire The Best Kansas City Pedestrian & Bicycle Accident Lawyer For Your Case

Are you searching for a “bicycle injury attorney near me” in Kansas City?

Understanding Missouri and Kansas Medical Malpractice and Pharmacy Prescription Error Law
Know The Facts So You Can Hire The Best Kansas City Medical Malpractice & Pharmaceutical Prescription Error Lawyer For Your Case

Searching for medical malpractice attorneys in Kansas City, or “medical malpractice lawyers near me”? No rate of error should be acceptable when powerful drugs are being sold and consumed by sick patients. Here are common injuries that unwary and trustful patients suffered from erroneously filled prescriptions…

• Heart Attack
• Death
• Internal bleeding, hemorage
• Overdose
• Psychosis
• Stroke due to hemorrhages
• Diabetes
• Increased blood pressure and aneurysm
• Internal organ damage
• Depression
• Suicide

With almost 50% the United States population taking a minimum of one prescription drug daily and one in six taking three or more every day, these injuries are more common than people realize.

“Success comes from relentless dedication and hard work. We fight for justice, ensuring every detail counts.”

Tarak Devkota

LIABILITY IN PHARMACEUTICAL PERSONAL INJURY LAWSUITS

Typically, one of the following parties is held accountable for negligence in pharmaceutical injury cases:

• Doctor Responsible: If the physician prescribed a drug to a patient that others in their profession would not have, their negligence may be grounds for a medical malpractice lawsuit
• Pharmacy Responsible: If a prescription is filled with the wrong medication or dosage, it may be the grounds for a pharmaceutical negligence claim.

Medical Malpractice

Tarak Alexander Devkota, Esq. is your Kansas City medical malpractice lawyer serving the entire metropolitan area and the entire state of Missouri and Kansas.

Medical malpractice lawsuits provide a way to hold physicians accountable for their mistakes. It is important that if you or a loved one are the victims of medical negligence or malpractice, do not hesitate to contact the Devkota Law Firm. Tarak Alexander Devkota is an experienced and successful Kansas City medical malpractice attorney ready to handle any case, anywhere in the state of Missouri and Kansas.

Top errors physicians make:

1. Failure to diagnose the medical problem correctly,
2. Medication prescription errors,
3. Failure to educate a patient of side effects and risks of treatment,
4. Radiological misreading MRI, CAT scan or x-rays,
5. Performing medical services without patient consent,
6. Errors during surgery,
7. OBGYN childbirth injuries.

If you believe that your treatment under the care of a physician has been negligent or medicine was wrongfully prescribed, contact our office today. Tarak Alexander Devkota is a top-rated Kansas City medical malpractice attorney who has a record of handling medical malpractice and pharmaceutical claims. He can help you receive the compensation you or your family deserve. Contact us today!

What should I look for in a personal injury lawyer after my injury accident?

The Devkota Law Firm has all of the necessary requirements for a great client experience and great result in your case!

• Winning Record greater than 99.6%
• Committed and Experienced Trial Lawyer with Jury Trial Experience.
• Reputation of excellence and tremendous effort known by insurance companies and defense lawyers.
• Attorney with background in Physics, Biology, Chemistry necessary for proper scientific analysis of accident data.
• Client liaison assigned to each client for customer support needs.
• Care and compassion for the client’s needs by maximizing individual result.
• Not a high-volume law practice requiring quick settlement and case turnover.
• Majority of clients acquired through referral from past satisfied clients.
• No costly television or billboard ads paid for by client’s attorney’s fees.
• Medical experts available to formulate profession opinions on demand.
• Mechanical Engineers & Biomechanical Engineers available on demand.
• Accident Reconstructions and Forensics team available on demand.
• Private Investigative team to secure evidence on demand.

Client Reviews

What our clients are saying about us

Scott P.

3 months ago

I had a great experience with Tarak and Robert as my injury lawyers. Their knowledge of the law and commitment to my case were exceptional. Thanks to their efforts and the other paralegals, I received a good compensation for my injuries. If you’re looking for a dedicated injury lawyer in Kansas City, I highly recommend this law firm.

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