Wichita Medical Malpractice Attorney
When a trusted medical professional’s negligence causes you harm, you deserve justice. If you or a loved one has suffered due to a medical error, contact our medical malpractice lawyers in Wichita.
No matter how complicated your case may seem, we at DM Injury Law will help you through the entire process. You should not have to face this difficult time alone. Our team will fight for the full compensation you deserve.
Tell us your story over a free consultation. You don’t have to pay unless you win.
Call (316) 888-7500 or contact us online today for a free consultation.
Why Choose DM Injury Law for Your Wichita Medical Malpractice Claim
Navigating a complex medical malpractice claim requires a legal team with proven experience and unwavering dedication. At DM Injury Law, we have a thorough understanding of Kansas medical malpractice laws and a track record of securing significant results for our clients.
Here’s what makes our medical malpractice law firm different:
- Proven Results: We have secured millions of dollars for clients harmed by negligence, helping cover medical expenses, lost income, and the costs of long-term care or ongoing treatment.
- Experienced Team: Our attorneys and support staff of investigators, case managers, and medical records specialists manage every aspect of your case, allowing you to focus on your recovery while we handle the complex legal and medical details. We can even consult other medical experts to support your claim.
- Trial-Ready Lawyers: If you aren’t satisfied with the settlement you’re offered, our firm has a dedicated team of attorneys who are prepared to go to trial, if needed.
- Nationally-Recognized Lawyers: Our attorneys have been recognized by national organizations like Super Lawyers® and The National Trial Lawyers, solidifying our expertise as a legal team.
- No-Fee Guarantee: You pay nothing upfront. Our contingency fee structure ensures we only get paid if we successfully recover compensation on your behalf.
Our Med Mal Case Results
Medical malpractice claims are difficult to navigate. However, our team has helped clients who were victims of serious medical negligence. Here are a few successful cases we’ve handled:
- $1,750,000: We secured this settlement for the family of an elderly woman who died while riding in a medical transport vehicle.
- $1,100,000: We secured this result for the wrongful death of a fetus due to medical negligence.
The Insurance Company Offered Me a Settlement. Should I Take It?
No, you should not take the first offer you were given. Insurance companies often try to settle claims quickly and for as little as possible. Their initial offer rarely covers the full extent of your present and future medical expenses, lost wages, and other financial losses.
Before you accept a settlement, it is crucial to speak with an experienced Wichita medical mistake attorney. We will evaluate the true value of your claim and fight to ensure you receive the maximum compensation you are entitled to, not just what the insurance company wants to pay.
Common Types of Medical Malpractice Cases
Medical negligence can occur in many forms, all with potentially devastating consequences. We have the experience to handle a wide range of cases, including:
Surgical Errors
These are mistakes that occur during or after a surgical procedure, which can have serious consequences for the patient. Examples include:
- Operating on the wrong body part
- Leaving surgical instruments inside the patient
- Causing unintended injury to nearby organs and tissues
Such errors may result in infections, excessive bleeding, nerve damage, or the need for corrective surgeries, adding further risk and stress to recovery.
Misdiagnosis
This occurs when a healthcare professional fails to correctly identify a patient’s medical condition or provides an incorrect diagnosis. For example, a heart attack may be mistaken for indigestion, or a cancer diagnosis might be delayed until it reaches an advanced stage.
Birth Injuries
These are preventable injuries sustained by a baby during labor and delivery, often due to medical negligence or improper handling. Examples include:
- Failure to monitor fetal distress
- Improper use of delivery tools like forceps
- Delaying a necessary C-section
Birth injuries can cause serious, lifelong health complications such as cerebral palsy, nerve damage, or developmental delays, profoundly impacting you and your family’s life.
Anesthesia Errors
Mistakes related to the administration of anesthesia can have devastating consequences. These errors may include:
- Giving an incorrect dosage
- Failing to monitor the patient’s vital signs during surgery
- Ignoring patient allergies or pre-existing conditions
Such mistakes can lead to complications like brain damage, organ failure, or, in severe cases, death.
Medication & Prescription Errors
These errors occur when a patient is given the wrong medication, an incorrect dosage, or a combination of drugs that interact dangerously. This can happen due to:
- Miscommunication among medical staff
- Unclear handwriting on prescriptions
- Pharmacists dispensing the wrong drug
- Pharmacists dispensing the wrong dosage
Medication errors can cause severe side effects, allergic reactions, or even life-threatening complications.
Nursing Home Abuse & Negligence
This refers to the negligence or mistreatment of residents in long-term care facilities, often targeting vulnerable populations like the elderly or disabled. Abuse can take many forms, including physical harm, emotional manipulation, neglect of basic needs, or financial exploitation.
Call (316) 888-7500 or contact us online today for a free consultation.
When Can I Sue for Medical Negligence?
You may have the right to sue for medical negligence if a healthcare provider’s failure to meet the accepted standard of care directly caused you injury or harm. To build a successful claim, it is necessary to prove four key elements:
- Duty of Care: Every healthcare professional has a responsibility to provide competent medical care. At a minimum, they must meet the standard of care that would be expected from another provider with similar training and experience.
- Breach of Duty: When a healthcare professional fails to meet this standard, they have breached their duty to the patient.
- Causation: A breach of duty alone does not automatically establish a medical malpractice claim. You must show that the provider’s negligence directly caused your injury or worsened your condition.
- Damages: The final component of a medical malpractice case involves damages, which are the financial, physical, and emotional losses you suffered as a result of the negligence. Damages may include medical expenses, lost income, pain and suffering, or permanent impairment.
It can be hard to prove these steps, especially with complicated medical procedures and treatments. That’s why our med mall lawyers work with medical record specialists and industry experts to help you support your claim.
Who Can I Sue for Medical Malpractice?
Liability for medical malpractice is not limited to just doctors. Any licensed healthcare professional or facility whose negligence caused you harm can be held accountable. This may include:
- Doctors and surgeons
- Nurses
- Hospitals and clinics
- Anesthesiologists
- Pharmacists
- Lab technicians
Kansas Statute 40-3402(k) mandates that health care providers in Kansas maintain professional liability insurance with a minimum coverage of $200,000 per claim and a $600,000 annual aggregate, unless they are self-insured.
There are some considerations to this rule, so it’s important to speak to a lawyer for advice.
Wichita Med Mal FAQs
What Compensation Can I Receive in Medical Malpractice Cases?
In Kansas, you may be entitled to recover compensation for both economic and non-economic damages. Economic damages include:
- Present and future medical expenses
- Lost wages
- Long-term care
- Therapy and rehab costs
- Funeral and burial costs (in the case of a wrongful death of a loved one)
While economic damages are not capped, non-economic damages for pain and suffering have a cap of $350,000 per plaintiff. In cases of extreme negligence, punitive damages may also be awarded to punish the defendant, up to $5,000,000.
How Long Do I Have to File a Medical Malpractice Claim in Kansas?
Kansas Statute 60-513 generally requires that you file a medical malpractice claim within two years from the date the injury was discovered or should have been discovered.
No claim can be filed more than four years after the date of the negligent act. It is vital to contact a medical malpractice attorney in Wichita, Kansas, as soon as possible to protect your right to seek compensation.
Contact our Trusted Wichita Medical Malpractice Law Firm Today
If you believe you are the victim of a medical error, do not wait. Contact DM Injury Law to speak to some of the best med mal attorneys in Wichita. We’ll listen to your story and help you seek the justice and compensation you deserve.
Call our Wichita office at (316) 888-7500 or fill out the online form for a free consultation.
Call (316) 888-7500 or contact us online today for a free consultation.
Past results obtained on behalf of clients afford no guarantee of future results, and every case is different and must be judged based on its own merits.
