Understanding “Medical Negligence”

In this week’s blog for Woods Law KC, we will attempt to give you a basic understanding of medical negligence. As this is a complicated subject, we encourage you to reach out to our staff to answer any questions on whether or not you may have a potential case.

According to a basic legal dictionary, medical negligence, (also called medical malpractice) is the “improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional.”

There are four elements to a medical malpractice suit. All four must be proved to receive compensation. According to the Legal Dictionary by Farlex, the four elements are

1. a duty of care was owed by the physician
2. the physician violated the applicable standard of care
3. the person suffered a compensable injury
4. the injury was caused in fact and proximately caused by the substandard conduct

The first element of a medical malpractice suit is not usually difficult to prove. Most of a suit’s focus tries to show that the injury is the result of the alleged negligent care. Injuries can be physical as well as emotional. Also, the amount of appropriate compensation is usually highly contested as well.

It is also essential to understand that the statute of limitations for medical malpractice suits varies from state to state. In Kansas, individuals have two years. Missouri laws are a little more complicated.

To see if your case has the four elements for a medical malpractice suit and whether or not the statute of limitations has expired, contact the staff at Woods Law KC. Our team is highly knowledgeable about medical malpractice laws in Missouri and Kansas, and we will help you receive the financial compensation that you deserve.