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Medical Malpractice Frequently Asked Questions

What You Didn't Know About Medical Malpractice

What is medical malpractice?

Medical malpractice is negligence committed by a health care provider such as a doctor or nurse, whose treatment of a patient departs from the acceptable standard of care met by those with similar training and experience, resulting in injury to a patient or patients.
How long do I have to file my medical malpractice lawsuit in Kansas?

In Kansas, a medical malpractice case must be filed within two (2) years from the date you knew or should have known you had been injured.
Is a mistake in the diagnosis “malpractice “?

It may be. A mis-diagnosis may be malpractice if your doctor fails to:
- Obtain an accurate medical history
- Order the appropriate test for the illness
- Recognize the symptoms of the illness, or
* Confuses the symptoms with a non-serious illness

There is no basis for a medical malpractice claim if you’ve not suffered any injuries as a result of the misdiagnosis and consequent treatment.
Will I need an expert to prove malpractice has occurred?

Yes. In order for you to establish your medical malpractice claim, it will be necessary to prove what the standard of care is for doctors in your community.

In order to determine what should or should not have been done in your particular case, someone with the requisite education, experience and skill is needed to establish what the standard of care is for the doctor. Many medical malpractice lawsuits are won or lost based upon the effectiveness of the expert.

Your lawyer, to maintain confidentiality and to protect your rights, should always hire the experts to review your case. With a combined 33 years of experience in selecting experts, we have developed a long list of qualified experts in all fields.
What percentage of hospital patients become victims of medical mistakes?

At least 3% of all hospital patients are victims of medical mistakes. Recent U.S. Healthcare Industry Survey estimated that between 44,000 and 98,000 patients die each year as a result of medical errors. Of that number, 7,000 patients died as a result of prescription errors or drug dispensing errors. Wall Huntington Law Firm has the largest settlement with a Kansas Hospital for negligence. That case produced a recovery at settlement of seven million dollars. Does your lawyer have that experience!