Archive for the ‘Medical Malpractice’ Category

Kansas City Medical Malpractice Attorneys Offer Tips on How Parents Can Protect Their Children From Medical Errors

Tuesday, February 14th, 2017

Having a child who is ill or has just been diagnosed with a serious medical condition can create a feeling of helplessness in a parent. As a parent, you want to do anything and everything in your power to help your child. Parents often report feeling at their most helpless when their child is admitted to a hospital. When your child has been hospitalized for an illness or is due to undergo surgery, it can be very difficult to know that your child’s health is in someone else’s hands. Parents worry about the things that could wrong while their child is in the hospital, which only adds to the feelings of being powerless. The good news is that there are things parents can do to safeguard their child and help ensure that they receive the best possible medical services—free from error. The following are five things parents can do to protect their children from medical mistakes:

  1. Educate yourself. One of the most important things a parent can do is to educate themselves about their child’s illness or medical condition. Learn as much as you can through reputable websites and publications about the diagnosis, prognosis and treatment options. Never be afraid to ask questions of your child’s doctors to get the answers you need to make informed decisions.
  1. Find a doctor that you trust. Finding a good doctor can be tricky. Sometimes the only thing more difficult is finding one you trust. It is important to find a doctor that is open to hearing your questions and offering detailed explanations. If your child’s doctor does not have your trust—do not hesitate to obtain a second opinion. A second opinion is always a good idea for major diagnoses and operations.
  1. Take notes regarding medications. Make sure you understand the treatment that your child’s doctor has recommended, including any medications he or she has prescribed along with the dosing instructions. You should know not only the name of the medication but also know why it is being prescribed. When you pick up your child’s medication at the pharmacy, confirm with the pharmacist that the medication is the same as the one prescribed by your child’s doctor. Wrong medication and wrong dose are both common medication errors.
  1. Make allergies and medications known. If your child is taking any medications or supplements or has an allergy to any medications, make sure that this is known to each and every doctor, pharmacist, and nurse your child encounters. The same is true if your child has a chronic health condition. Do not make the assumption that because you told one doctor or nurse, that this information is known to all.
  1. Be involved. Do not be afraid to be Mama Bear or Papa Bear when it comes to being involved in your child’s medical care. Parents who are involved in their child’s care are not only more likely to see better results but can also prevent medical mistakes from occurring.

If you believe that your child was a victim of medical malpractice, it is of great importance that you seek out an experienced Kansas City Medical Malpractice Attorney right away. Medical malpractice cases require an attorney that has key knowledge of the law and team dedicated to investigating the facts. The Medical Malpractice Attorneys at Hubbard & Kurtz, L.L.P. have helped countless victims around the area, both in Kansas and Missouri. Our Attorneys know what it takes to prove a case. To find out how the attorneys at Hubbard & Kurtz, L.L.P. can help you, contact our office today at (816) 472-4673 to schedule a consultation. At Hubbard & Kurtz, L.L.P. we will preserve to obtain justice for your family.

Five Things Kansas City Medical Malpractice Attorneys Want You to Know

Friday, May 20th, 2016

In 2013, a study in the Journal of Patient Safety made headlines when it set forth data that made “medical negligence/errors” the third leading causing of death, just after heart disease and cancer. The study found that 210,000 and 440,000 deaths per year could it part be attributed to medical error. For this reason alone, it is important to be cautious whenever seeking medical care. The following are 5 things you need to know to lessen the risk of becoming a victim of medical negligence:

1. Do not be afraid to speak up. When you meet with your doctor come prepared with written questions and do not leave without complete answers. If you tend to feel stressed or overwhelmed when speaking to your doctor, ask a trusted friend or family member to accompany you to the visit. Being proactive about your health is one of the best ways to lessen the likelihood of experiencing medical malpractice.

2. Trust your gut and seek a second opinion. While it is important to trust your doctor, you also need to trust your gut and use common sense. If your doctor’s advice does not sit well with you, remember it is okay and often a good idea to seek a second opinion. Getting a second opinion does not mean that you are firing your doctor or that you think badly of him or her. Consider it more like getting a few estimates for a household remodeling project!

3. If your doctor is not listening to you, find a new doctor. If you consistently feel like your doctor is not listening to you or taking the time to fully answer your questions or address your concerns, then it may be a good time to find a new doctor. Your health is the most important thing in the world and you should not entrust it with a doctor who is not making you feel like a priority.

4. If you suspect medical practice, speak with attorney as soon as possible. The first thing you should do if you suspect you or loved was one was the victim of medical practice is to make an appointment to speak with an experienced medical malpractice attorney. Only a medical malpractice attorney can determine if you indeed have a case and review with you your legal options. It is important not to delay! The amount of time a person has to file a case varies from state to state. If too much time has passed, a person could miss out on pursuing a valid claim.

5. Think twice before forgoing a claim. Each year, people who have valid causes of action for medical malpractice, never file a case or purse recourse against the hospital or doctor. Sometimes these claims go unfiled because the person or family members have the perceived notion that the costs to pursue a claim are too high. Many wrongly think that it will cost them thousands of dollars up front—that they do not have—to file a claim. This is why it is so important to talk to attorney!

If you have lost a loved one due to what may be medical negligence, the law firm of Hubbard & Kurtz, L.L.P. can help. The seasoned Kansas City Medical Malpractice Attorneys at Hubbard & Kurtz, L.L.P. will take the time to review your loved one’s case to see if the hospital or doctor can be held accountable. At Hubbard & Kurtz, L.L.P. we understand the devastating impact the loss of a loved one due to medical malpractice can have on a family. Trust our team of attorneys to help you! Whether your case is in Kansas or Missouri, we will fight to obtain compensation for you. To schedule an initial consultation with one of our esteemed attorneys, call Hubbard & Kurtz, L.L.P. today at (816) 472-4673.

Kansas City Medical Malpractice Attorneys Explains Common Birth Injuries Associated with C-Sections

Tuesday, March 15th, 2016

People hear the words “birth injury” and think that this is something that only occurs in the third world countries or in rural areas—places that are completely void of modern medicine.  Most people are completely shocked to learn that birth injuries do happen in the United States and in modern hospitals. The fact of the matter is that birth injuries are common across the entire country, including the greater Kansas City area. Sadly, even in today’s high-tech world mothers and babies die during or after childbirth.

If you are scratching your head thinking that simply is not possible, it is true. While medical advancements have made childbirth a normal, non-life threatening event, deadly mistakes can and do happen. Medical mistakes, also known as medical malpractice, do occur and sadly, no hospital is immune to human error. Even procedures like Caesarian sections (more commonly referred to as C-sections) which most women would say are as safe, or safer, than a traditional vaginal birth—can be linked to birth injuries. The following are the most common birth related injuries linked to C-sections:

  • Fetal Lacerations: Fetal lacerations or small cuts or nicks found on the baby can occur during a C-section. This type of injury is usually minor in nature, but serious lacerations can occur. Injuries of this nature usually occur more in emergency or delayed C-sections than in pre-planned procedures. However, lacerations can also be the result of an inexperienced or incompetent doctor.
  • Delayed C-section injuries: While some C-Sections are planned in advance, others are made close to the time of delivery. Often a doctor orders a C-section when certain factors present that would make a vaginal delivery too risky for either mother or baby. If a doctor fails to recognize complications that would make a traditional birth dangerous too late, a delayed C-section can result in injuries to the baby. These injuries include physical injuries and oxygen deprivation. A baby who does not receive adequate oxygen can suffer brain damage. Lack of oxygen can also be linked to serious conditions like cerebral palsy.
  • Fetal breathing problems: Infants who are delivered through C-section are at a higher risk of breathing problems. After delivery, babies born via C-section need to be monitored carefully for breathing problems. Failure to diagnosis and treat a breathing problem could cause respiratory distress syndrome or even long-term health problems.

In addition to the above, the mother is also at risk of the following:

  • Anesthesia Injuries: Any time a woman in labor is given general anesthesia or an epidural and spinal anesthesia there is a risk of complications. Poor reactions to anesthesia can include: internal bleeding, blood clots, extremely low blood pressure, placenta previa, placenta abruption and severe headaches.
  • Surgical Errors: Surgical errors can occur doing a C-section but are usually quite rare. These types of errors can include injury to pelvic organs such as cutting of the bladder.
  • Infection
  • Blood clots and hemorrhaging

If you believe your child suffered an injury during or just after his or her birth due to medical negligence, the law firm of Hubbard & Kurtz, L.L.P. can help. The seasoned Kansas City Medical Malpractice Attorneys at Hubbard & Kurtz, L.L.P. understand the devastating impact this kind of injury can have on a family. Our attorneys have helped countless families, in both Kansas and Missouri, fight to obtain just compensation. Trust our team of skilled attorneys to help you make sure that your case is handled from start to finish. Contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673 to schedule an initial consultation with one of our attorneys.

Kansas City Medical Malpractice Attorneys Warn of the Dangers of Medication Errors in Hospitals

Tuesday, March 1st, 2016

 When you are seriously sick or injured, you would think that one of the best places to be would be the hospital. While hospitals can be great places to receive medical treatment after an accident, a hospital can also be a place where “accidents” happen. The last thing any patient needs when he or she is trying to recover from an illness or surgery is to become the victim of a so called “medical error.” One of the most common errors that hospitalized patients are at risk for are what are referred to as medication errors.

A medication error simply refers to any preventable event that causes or leads to a patient being given inappropriate medication. Medication errors happen for a variety of reasons, including:

  • Inadequate dosing: This occurs when the patient receives the right medication but not the correct dose. Overdosing or administering too much of a medication can be just as dangerous administer too little of a medication to a patient. For example, not enough of a medication can be the equivalent of not given the patient the medication at all. On the other hand, too much of a medication, like the pain reliever morphine can be deadly.
  • Incorrect medication: Errors can also occur when a patient receives the wrong medication. This can happen when two drugs that have similar names. Taxol and Taxotere, for example, are both chemotherapy drugs, but are used for different types of cancers and have different dosing levels. Drugs like Zyrtec (allergies), Zyprexa (mental conditions) and Zantac (heartburn) have also been confused with one another—three drugs that have very different purposes.
  • Failure to check new medications with current medication regime: Drugs are like people. Some drugs play very nicely with others while some drugs do not. This is why it is important for medical personnel to double check the list of medications a patient is currently on before he or she prescribes another medication
  • Failure to check a patient’s drug allergies: Drug allergies are fairly common. If a patient is allergic to a particular drug or classification of drugs, the doctor or pharmacist needs to be aware of and check for allergies.
  • ls are the key to a patient understanding how to correctly administer a drug. If the label fails to properly inform the patient how to administer the drug, he or she may receive too little or too much of the drug.

All patients in the hospital need to be aware of medical errors, but two groups are most at risk of serious harm from medication errors: the elderly and young children. Older adults are often on other medications, and more than half of fatal medication errors occur in adults over the age of 60. Young children are also a greater risk of harm, because drugs are often given based on a person’s weight.

If you believe that you or a loved one was a victim of medical malpractice, it is of great importance that you seek out an experienced Kansas City Medical Malpractice Attorney. Proving a case of medical malpractice requires key knowledge of the law and diligence investigating the facts. The Kansas City Medical Malpractice Attorneys at Hubbard & Kurtz, L.L.P. have helped countless injured victims around the area, both in Kansas and Missouri, and know how to prove a case. To find out how the attorneys at Hubbard & Kurtz, L.L.P. can help you, contact our office today at (816) 472-4673 to schedule a consultation. At Hubbard & Kurtz, L.L.P. we strive to provide injury victims with superb legal services.

Kansas City Medical Malpractice Attorneys Discuss the “July Effect” – Myth or More?

Tuesday, July 28th, 2015

Your child falls while at the playground and you think his or her arm may be broken. You are doing yard work and while bending over to lift something, your back spasms and you are suddenly unable to move. While at the local pool your spouse forgets to put on sunscreen and suffers a severe sunburn. If any of these summer time scenarios happen to you or your family, your first inclination is most likely to hop in the car and head directly to your local hospital emergency department or walk-in clinic for immediate treatment. But what most people are not aware of is that when you head to the doctor or hospital may impact the level of care you receive.

There is a phenomenon that is referred to as the “July Effect.” The July Effect refers to the theory that a person who visits a clinic or hospital during the month of July, receives a lower quality of care than if he or she had visited the same facility during one of the other eleven months of the year. Why July you wonder? July is the month when medical students, who graduated in May, typically begin their residencies at local teaching hospitals and clinics. The theory is that since the more experienced residents have moved on and now been replaced with virtually inexperienced residents, that the level of patient care worsens and more mistakes are made.

While research has been done over the years to see if the “July Effect” is more of a myth or if the phenomenon has a scientific basis, the answer to the question depends on who you ask. One doctor who analyzed two decades worth of data found that when he focused on the bigger and better studies, there was some support for the “July Effect”. He found that during the month of July, there was an increase in patient mortality and a decrease in the efficiency of patient care. That being said, another doctor, who uses a 2013 study for his basis, opines that it is probably more myth than fact. The doctor points to the fact that residents are not running around a hospital completely on their own—they are being supervised. Resident programs start with resident receiving very little autonomy. Then with experience and performance, a resident’s responsibilities increase.

Doctors are not the only ones with insights into whether the “July Effect” exists. Medical personnel such as nurses, are also witness to the influx of new residents during July. Nurses in particular acknowledge the huge learning curve that new residents must undergo. One nurse who writes about healthcare, feels that regardless of whether the data supports it, that more mistakes are made in July.

But even doctors who find some truth to the “July Effect” state that medical care should not be delayed simply because it falls during the 7th month of the calendar year. Rather, if a person is worried about the level of care he or she may receive, that it best for him or her to bring a friend or family member with them, who can help advocate on his or her behalf. Again, residents are supervised, and a patient can always request to speak with the resident’s attending physician.

 If you believe that you or a loved one was a victim of medical malpractice it is important that you seek out an experienced Kansas City Medical Malpractice Attorney. To succeed in proving that your injury was caused by hospital or doctor error you need a seasoned Kansas City Medical Malpractice Attorney. Only a skilled Kansas City Medical Malpractice Attorney has the capability to fully investigate your case and make sure that you receive appropriate compensation for your injuries. At Hubbard & Kurtz, L.L.P., you can trust our attorneys to provide you with the highest degree of legal services. Call our office today at (816) 472-4673 to schedule an initial consultation.

Kansas City Medical Malpractice Attorneys Answer Frequently Asked Questions about Cerebral Palsy

Wednesday, April 1st, 2015

Planning for the arrival of a new baby is an exciting time for most expectant parents. Some folks have compared it to organizing a once in a lifetime dream vacation or feeling like a kid again awaiting for Christmas morning. Any new parent will tell you that the journey was well worth the wait the first time he or she looked into the baby’s eyes for the first time. Parents eagerly count fingers and toes and breathe a sigh of relief when the doctor tells them their baby is perfectly healthy.

Whether a parent is really hoping for a boy or a girl doesn’t really matter at the end of the day; deep down, he or she just wants a child that is healthy. That is why when it is discovered that a newborn has suffered a birth related injury—the news can be heartbreaking. Learning that the hospital or doctor could be responsible for the condition can be downright devastating. One disorder that can be caused by a birth injury is cerebral palsy. The following are some of the most commonly asked questions Kansas City parents have about cerebral palsy:

What is cerebral palsy?

Cerebral palsy refers to various neurological disorders that impair body movement (fine and gross motor skills, posture and balance) and muscle control, coordination and tone. The exact impairments an individual will have to will depend on the type, extent, and timing of the brain injury.

What types of brain damage can cause cerebral palsy?

Four main types of brain injuries are linked to cerebral palsy, including:

  • lack of oxygen to the brain, which causes the brain tissue to be destroyed (Hypoxic-ischemic encephalopathy or HIE)
  • an injury to the white matter of the infant’s brain (Periventricular leukomalacia or PVL)
  • a hemorrhage inside the brain which causes damage or kills areas of the brain associated with development and motor function (Intraventricular hemorrhage or IVH)
  • an abnormal brain development or brain malformation (Cerebral dysgenesis)

What type of medical errors can cause brain damage?

Various errors on the part of medical professionals can result in an infant having cerebral palsy, including:

  • improper usage of medical instruments during delivery such as forceps and vacuums;
  • failure to appropriately diagnose and/or treat an infection in the mother while pregnant;
  • failure to diagnose a prolapsed umbilical cord;
  • failure to recommend a C-section if the baby is too big for the mother to deliver vaginally or unreasonable delay in performing a medically necessary C-section; and
  • improper monitoring of the fetal heart rate during labor and delivery.

Is Cerebral Palsy always caused my medical malpractice?

No. While cerebral palsy can be caused by medical error, many other cases occur for reasons other than medical error, such as genetics. Therefore, it is completely possible that the medical professionals involved in a woman’s pregnancy, labor and delivery exercised the highest level of care and a brain injury resulting in cerebral palsy still occurred.

Medical malpractice cases that involve birth injuries, like cerebral palsy, are often very complex and involve complicated questions of law and fact. To succeed in proving that your child’s birth related injury was caused by hospital or doctor error, it is vital that you immediately seek out an experienced Kansas City Medical Malpractice Attorney. Only seasoned Kansas City Medical Malpractice Attorneys have the ability to devote the necessary time and attention to detail to ensure that your family receives justice. You can trust the caring and compassionate attorneys to handle your case professionally and efficiently. If your child has suffered a birth related injury contact the attorneys at Hubbard & Kurtz, L.L.P. today at (816) 472-4673 to schedule an initial consultation.

How to Choose the Best Medical Malpractice Attorney for Your Case

Saturday, November 1st, 2014

Unfortunately, medical malpractice occurs much too often in the United States. Each year, patients are injured or killed as the result of:

  • missed, wrong or delayed diagnosis;
  • medication errors;
  • surgery errors;
  • anesthesia errors; and
  • errors made during childbirth or while the woman was pregnant.

After a devastating injury caused by a medical professional, it is of vital importance that you hire a skilled medical malpractice attorney to help you. A qualified medical malpractice attorney can make sure that you receive the proper compensation for your injuries. When searching for the best medical malpractice attorney to handle your case, look for an attorney who is:

  • Experienced: Find an attorney that has significant experience handling medical malpractice cases. Do not select an attorney that only handles personal injury cases. Medical malpractice cases are unique from other types of injury cases and as such, require an attorney who has vast experience handling this specialized type of case.
  • Dedicated: Medical malpractice cases are often quite complex and require extensive investigation. Look for a medical malpractice attorney who is genuinely interested in your case, and who is willing and able to dedicate the necessary time and energy into resolving it.
  • Courtroom Savvy: While many medical malpractice cases settle out of court, this does not mean that courtroom experience is not important. Rather the complete opposite is true. You want to seek out an attorney that is courtroom savvy. Not only will he or she be better able to serve you in the courtroom in the event your case does go to trial, his or her courtroom experience will also serve you well if your case settles.  An attorney with a reputation for being an aggressive advocate in the courtroom has a better likelihood of obtaining a better settlement offer than an attorney who is not well-versed in the courtroom.
  • Successful: The process of hiring a medical malpractice attorney is much like finding the right surgeon. If you are about to undergo triple bypass heart surgery, you want to find a surgeon who is not only experienced in the area of heart surgeries, but who also has successfully completed a good number of surgeries. The same advice is true when it comes to searching for a medical malpractice attorney. Experience is very important, but you also want to find someone with a proven track record of success.
  • Worthy of your trust: Meeting with a prospective medical malpractice attorney is an important step in the process of finding the right attorney to handle your case. At this initial consultation, you will get the opportunity to talk to the attorney about your case and ask him or her questions. Use this initial consultation to determine whether you trust this attorney with your case. Often times this is just a gut feeling. However, if your gut tells you yes AND he or she meets the other criteria listed above, then you likely found the right attorney for your case.

When coping with a serious injury or the loss of a loved, the process of searching for the best Kansas City Medical Malpractice Attorney to represent you can seem like a formidable task. If you or a loved one suffered harm after a medical procedure or surgery, the attorneys at Hubbard & Kurtz, L.L.P. can help. We invite you to schedule a free and completely confidential consultation with one of our seasoned Medical Malpractice Attorneys. Contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673. At Hubbard & Kurtz, L.L.P., our attorneys will work hard to make sure that you receive the justice and compensation you deserve.

Do I Have a Case for Medical Malpractice?

Sunday, March 23rd, 2014

For many people, it is difficult to decide to pursue a medical malpractice action.  For one thing, the process of selecting a doctor is a difficult one and there is a trust relationship that is developed once a person finally has selected his doctor.  It is tough to think about this professional having made a mistake that led to serious injuries.  In addition, the doctor and other medical personnel often sit an individual down and describe a series of potential risks.  When the patient decides to move forward with a particular treatment or procedure, he may believe that he signed up for any of the consequences.  However, it is important to realize that a person harmed by the negligence of a doctor or other medical professional does have rights.  Below are some of the questions to consider.

What should the doctor have disclosed to the patient before undertaking a treatment or procedure?

  • The details about the condition from which the patient is suffering;
  • The specifics of the treatment or surgery that the doctor is recommending;
  • The reasonably foreseeable risks of the recommended surgical procedure or treatment; and
  • Any therapeutic alternatives to the recommended treatment or surgery – these alternatives are determined by what other doctors with the same training and knowledge would consider reasonable under similar circumstances.

If a patient suffers serious harm, how does he know it was doctor error?

When a person suffers adverse consequences during a surgery or other procedure, it is important to gather all the evidence of what happened and have another doctor evaluate it.  Although some negative health effects are unavoidable, many times a doctor was negligent in some manner that led to the injury.  Experienced medical malpractice attorneys have expert medical consultants who can review the procedure and the negative consequences and provide an assessment of the likelihood of doctor error.  Further physical examinations may then be necessary depending on the facts of the case.

Did the doctor disclose the risks?

A patient can be harmed as a result of not understanding what risks he was facing.  Although a doctor does not have to discuss every possible risk, he does need to disclose those risks that a person could reasonably want to consider before making a decision between different treatment options.  Although this sounds a little confusing, many medical malpractice cases are based on establishing what other doctors would have done under the same or similar circumstances.  Preparing a list of the disclosed risks will allow an experienced medical malpractice attorney to compare it with what other doctors would have disclosed.

Did the doctor need to get informed consent?

Although informed consent usually is required, there are times when a doctor may proceed with treatment or surgery without it.  Usually, this happens in an emergency room situation where life-saving action needs to be taken immediately.  With limited exceptions, a patient would have difficulty maintaining a medical malpractice action under these circumstances, even if he would not have chosen the treatment if provided with a choice.  Of course, mistakes made under these conditions still form the basis of a legal malpractice action.  In very limited cases, a doctor may be justified in not disclosing certain risks based on the psychological state of the patient.

Medical malpractice cases are complicated endeavors that require skilled attorneys who understand how to arrive at the truth despite the obstacles put in place by the medical community.  If you or a loved one was injured after undergoing surgery or medical treatment, the knowledgeable and dedicated Missouri Medical Malpractice Attorneys at Hubbard & Kurtz, L.L.P. are prepared to devise a compelling legal strategy to get you the compensation that you deserve.  To schedule a time to meet with us, call us at (877) 535-1163.

 

 

What Does the Medical Malpractice Cap Mean for My Case?

Monday, March 3rd, 2014

On March 5, 2014, the Missouri House passed a bill limiting non-economic damages in a medical malpractice action to $350,000.  This is not the first time Missouri has attempted to limit the damages that a victim of medical malpractice can recover.  From 2005 through 2012, there was a limit on non-economic damages.  In 2012, the Missouri Supreme Court ruled that this cap was unconstitutional.  A subsequent attempt to reinstate it failed in the Senate.  The proponents of the current law believe that the present bill corrects the issues with unconstitutionality.

Medical malpractice damages reform, also known as tort reform, has been an issue for many years.  Doctors claim that the lack of a cap makes malpractice insurance prohibitively expensive for many practitioners.  Some claim that if Missouri does not reinstate an enforceable cap, then doctors will flee to nearby Kansas, which does have a cap.  Opponents of the bill reflect our position, which is the manifest unfairness that exists when you try to limit the value that is placed on the destruction of quality of life.

The damages at issue in tort reform are non-economic damages.  In a legal action against a doctor who has caused serious harm, there are a number of types of economic harm that will be compensated, including:

  • Lost wages;
  • Medical costs and expenses;
  • Costs for necessary accommodations to the home and vehicles, based on the nature of the victim’s injuries;
  • Living expenses incurred as a result of the injury – this may include the hiring of a nursing aide or other personal attendant; and
  • Other miscellaneous expenses directly attributable to the injury.

What the legislators seek to limit is the damages award for pain and suffering.  However, this also places a limit on the doctor’s accountability for his negligence.  Proponents of the new bill argue that these non-economic awards are arbitrary and subjective.  When a person really considers what the limit does, it is easy to see how unjust it is.

Consider a young, married father of two who discovers he has an inguinal hernia.  He goes to the doctor, who discusses his options and recommends surgery without disclosing all of the potential risks.  During the surgery, the doctor perforates the small intestine of the patient and does not repair it.  The patient then develops a severe infection and requires several surgeries to repair at least some of the damage.  However, he is left with debilitating pain and limited mobility.  Before the accident, he coached his kids’ soccer teams and played in a softball league.  After the doctor’s negligence, he is unable to even make it to watch his children’s games.  His life has been permanently altered and the Missouri House deems $350,000 sufficient to compensate him for his pain and suffering, which will last a lifetime.

Tort reforms are driven by insurance companies that want to minimize the payouts that are made while maximizing profit.  The victims of doctor negligence, and even the doctors themselves, are hurt by the efforts of these insurers to prioritize their financial well-being against the suffering of the injured.  While the enactment of this cap is not certain and constitutional challenges are likely if it does pass the Senate, this is a very important development in medical malpractice actions in Missouri.

A person who has been injured by the negligence of a doctor deserves compensation for all of the harm that he suffered as a result of that error, including economic and non-economic damages.  The skilled and hardworking Missouri Medical Malpractice Attorneys at Hubbard & Kurtz, L.L.P. are committed to getting our clients all of the compensation to which they are entitled.  We strive to fight for your rights while you focus on recovering for the harm that was done to you.  To schedule an initial consultation, call us at (877) 535-1163.

Surgery: Fixing The Issue, or Furthering It?

Tuesday, November 13th, 2012

Medicine is an aspect of our lives that we heavily depend on no matter who we are, and what our background may be. Either way you look at it the facts are simple: we all deal with illness, injuries, or possibly more severe health issues at one point or another. Inevitably, we all turn to the help and care that is supposed to be within hospitals, and health care clinics within our community, and state. Unfortunately, however, these institutions and facilities that are supposed to be driven towards the purpose of patient health, and treatment are ultimately not doing so.

The Premise of Surgery

Thanks to technology and other advancing aspects of medicine we have the ability to do many forms of treatment today that include surgery, medication, and other treatment plans that are now helping more individuals today than ever. However, medical malpractice is one issue within the medical field that is present in all areas, and aspects of it, even that of surgery. Surgery is one aspect of medicine that has to be handled with extreme care and sensitivity. Otherwise, an individual can suffer from severe health issues, and could even be killed.

Expectations That Follow

In many cases today we are beginning to see a trending pattern with surgical procedures being performed. Surgeons are not only doing their job, but a fantastic one at that. However, some variables within the operating room are now not only causing health complications, but death as well. A few instances have begun to surface that show individuals who are going under the knife are having items from their surgical procedure left in them. The majority of the time an individual’s body will see this item as a foreign substance, which it then will try to fight off and destroy. Unfortunately, the body, in most instances, cannot break this substance, or item down and usually causes an individual to get extremely ill, and die in some cases.

Make sure that if you are feeling irregularly ill after a surgical procedure that you received you seek medical attention in order to better help address the situation, and issue. If you have been the victim of medical malpractice contact an experienced, medical malpractice attorney today.

We listen to our clients and follow through on our commitments. We will give you the quality service and personal attention that you deserve. From our offices in Kansas City, we help clients from throughout the region, including St. Joseph, Independence, Lees Summit, Columbia, Warrensburg, Overland Park, Olathe, Atchison, Lawrence, Topeka, and many more Kansas and Missouri communities. For primary startup and general information our offices are located at 1718 WALNUT, KANSAS CITY, MISSOURI 64108, or we can be reached locally through phone at (816) 472-HOPE (4673), fax at (816) 472-5464, or our TOLL FREE number at (877) 535-1163