Compassionate, Zealous Representation For Victims Of Medical Malpractice
People place great trust in their doctors and health care providers. When that trust is violated, patients can be seriously hurt or even killed. Located in Kansas City, Missouri, The McCallister Law Firm, P.C., team fights for clients who have been injured because of the negligence of doctors, nurses and other health care professionals.
Recovery For Medical Malpractice Injuries
People suffer a variety of injuries because of the negligent actions or incompetence of their doctors or nurses. Medical malpractice claims come down to proving negligence. We have represented people who suffered serious injuries or lost loved ones because of:
- A doctor’s misdiagnosis or failure to diagnose a life-threatening medical condition, like cancer, a heart attack or a stroke
- Improperly performed surgery or surgical errors, such as operating on the wrong body part
- Overprescribing a medication or failing to prescribe the correct medication
- Improperly monitoring patients who are seriously ill and vulnerable
If you aren’t sure that your negative outcome was the result of malpractice, we will take the time to listen to your story and explore your options during a free case evaluation.
Nursing Home Abuse And Injuries
Medical malpractice can also harm elderly and disabled residents in nursing homes and assisted living facilities. These homes generally do provide quality care to loved ones. When they do not provide quality care, though, they can seriously injure loved ones living there. We have represented people whose loved ones were injured by:
- Inadequate supervision
- Negligent hiring of nursing home staff
- Inadequate security for mentally ill patients
- Bedsores caused by neglect and improper hygiene
- Injuries caused by failure to properly manage the facility’s cleanliness
Nursing home staff owe residents a duty of care just as doctors and nurses do. When they ignore this responsibility, the results can be catastrophic. We can help you hold these institutions accountable.
Medical Malpractice FAQ
Still have questions about medical malpractice law in Missouri? Here are answers to a few of the most common questions our clients ask.
What is medical malpractice?
Not all negative medical outcomes can be attributed to malpractice. Problems often arise even when doctors give their best efforts. Malpractice occurs when a patient is seriously injured or killed because a health care professional breached their duty by failing to deliver the expected standard of care, which is the care that a competent doctor in the same field would have provided under the same circumstances.
Medical malpractice can occur in any health care setting, and numerous parties may be to blame, including the physician, nursing staff and the hospital or clinic itself.
What is the statute of limitations for a medical malpractice lawsuit in Missouri?
A statute of limitations is essentially the time limit you have to file a lawsuit. The idea is that as the years pass, evidence can be lost and witnesses’ memories fade, making it difficult to have a fair trial. Missouri law imposes a two-year statute of limitations on most medical malpractice claims. The clock starts ticking on malpractice that occurred or reasonably could have been discovered.
What is an ‘affidavit of a qualified health care provider’?
When you sue a health care provider for medical malpractice in Missouri, you must also file an affidavit of a qualified health care provider. This is a written affidavit from a “legally qualified health care provider” giving their opinion that the defendant failed to provide you the level of care that a “reasonably prudent and careful” provider would have under the same or similar circumstances and that this failure caused or contributed to the harm you suffered.
Failure to provide this affidavit can cause the judge to dismiss your claim. We can arrange for a physician to examine your medical records and produce the affidavit.
Does Missouri have a cap on medical malpractice damages?
State law puts a cap on noneconomic damages, which are the types of harm a malpractice victim suffers that tend to be challenging to place a dollar figure on. Examples include pain and suffering, loss of consortium, loss of enjoyment of life and mental anguish. The cap was originally set at $400,000 for noneconomic damages, with a 1.7 percent adjustment each year. For cases involving death or catastrophic injury, the cap began at $700,000, with the same annual adjustments.
There is no cap on economic damages, such as lost past and future wages, medical bills and funeral costs.
Reach Out Today To Learn More
For a free discussion of your legal options with an experienced medical malpractice lawyer, we invite you to contact The McCallister Law Firm, P.C., at our office in Kansas City, Missouri. Just call 816-492-2963 or reach out online. We represent clients throughout the surrounding areas of Missouri and Kansas.