If you are not sure of what medical malpractice is and whether or not your injury is a result of medical malpractice, read our FAQ below. If you think you might have been the victim of medical malpractice, contact one of our experienced medical malpractice attorneys in Wichita, Kansas to find out how we can help you.
What is medical malpractice?
Medical malpractice is a broad term. It is generally used to describe a medical treatment, lack of treatment, or other departure from the standards of medical care, health care, of safety on the part of a health care provider that causes harm to a patient. An example of medical malpractice would be a surgeon operating on the wrong part of the body. A medical malpractice lawsuit can be filed to hold the health care professional responsible for failing to provide adequate care to a patient.
How do I know if I’ve been the victim of medical malpractice?
Often, it is difficult to tell if you received inadequate care. Usually, patients trust that the medical professional is knowledgeable and competent and do not realize that they are receiving substandard care until after a serious injury has occurred. If you believe that substandard care caused an injury to you or a loved one, you should consult with a Kansas medical malpractice attorney and medical experts, who can review your case. If you or a loved one have experienced any of the following, you may have suffered medical malpractice.
- Wrongful death
- Birth injuries
- Failure to diagnose
- Improper treatment
- Failure to treat
- Delay in treatment
- Failure to perform appropriate follow-up
- Prescription error
- Surgical errors
- Brain injuries
- …and more
Do I still have a medical malpractice claim if I did not receive professional care but wasn’t injured?
Generally, in order to file a medical malpractice suit, you or a loved one must have been injured.
How can I prove that I was the victim of medical malpractice?
In a medical malpractice suit, you and your attorney need to show several things:
- The health care professional or provider owed a duty to the patient (whether you or a loved one)
- The health care provider breached, or failed to meet, that duty
- The patient suffered an injury as a close or direct result of the health care professional’s breach of duty
A “duty” to a patient occurs when a “doctor-patient” relationship is formed. This relationship typically is formed when a doctor agrees to provide you, the patient, with care. If the doctor or other health care provider who had a duty to provide you with standard medical care fails to meet the standards of care, they have breached their duty to you. However, unless you were injured as a result, you do not have a right to compensation.