Medical Malpractice

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Medical malpractice is defined as improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. It can lead to a number of serious ailments from birth injuries to negligent end of life care. The burden of proving medical malpractice is on the plaintiff in a lawsuit, and any person who alleges medical malpractice must prove four criteria:

  • A duty of care was owed by the physician.
  • The physician violated the applicable standard of care
  • The person suffered a compensable injury
  • The injury was proximately caused by the substandard conduct
Frequently Asked Questions
What are common examples of Medical Malpractice?

A few common examples of medical malpractice include:

  • Misdiagnosis
  • Misinterpretation of lab results
  • Unnecessary or wrong site surgery
  • Improper medication
  • Poor follow up care
  • Premature discharge from healthcare facility
  • Failure to order proper test or recognize symptoms, and disregarding patient history.

Contact our Kansas City medical malpractice attorneys for more information today.

What are the statistics surrounding Medical Malpractice?
  • Nearly 50% of malpractice trials were against surgeons in 75 of the largest counties in the U.S.
  • Nearly 33% of malpractice trials were against non-surgeons in 75 of the largest counties in the U.S.
  • An estimated 25% of practicing physicians are sued annually
  • An estimated 50% to 65% of physicians are sued at least once during their career
  • 191,804 medical malpractice reports were made to the National Practitioner Databank regarding physicians in the U.S. between 1990 and 2004
  • The most commonly sued specialty in medical malpractice cases is internal medicine
  • The least sued specialties in medical malpractice cases include dermatology at 1%, HIV/infectious disease at 1%, and allergy and clinical immunology at 0.4%.
  • The most common reason for medical malpractice lawsuits was failure to diagnose at 35%, followed by failure to treat at 17%, informed consent at 4%, and various others making up the rest.
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