Posts Tagged ‘Kansas City Medical Malpractice Attorney’

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.

Kansas City Medical Malpractice Attorney Reports: Could Caps on Non-Economic Damages Return to Missouri?

Saturday, March 21st, 2015

If you have never been involved in a personal injury or medical malpractice case, you may be unfamiliar with the types of damages a person may receive. In these types of cases, there are two main types of damages: economic and non-economic damages.  Specifically, economic damages refer tfo lost wages, loss of future income, medical bills and property damages.  On the other hand, on-economic damages attempt to compensate plaintiffs for quality of life related injuries such as pain and suffering, consortium, emotional distress, loss of companionship, and other intangible injuries.

In 2012, the Missouri Supreme Court overturned a state law that placed a cap on the amount of non-economic damages plaintiffs could receive in both personal injury and wrongful death lawsuits. The case was Watts v. Lester E. Cox Medical Center.  In Watts, the Watts’ son was born with disabling brain injuries and it was determined by the jury that Cox Medical Center and its physicians provided the infant with negligent health care services. As part of its verdict, the jury awarded the Watts $1.45 million dollars in non-economic damages and $3.371 million in future medical damages. The trial court then reduced the jury’s award for non-economic damages down to $300,000, as it was required to do per a state law which capped damages.

On appeal, the plaintiffs argued to the Missouri Supreme Court that the state law which provided a cap on non-economic damages violated their right to a trial by jury along with violating other provisions of the Missouri Constitution. The Supreme Court agreed with the plaintiffs. In its ruling, it overturned the state law finding that the law infringed on the jury’s purpose (as set forth in the Constitution) of being able to determine the amount of damages that should be given to an injured party. The Court opined that such a limitation was not permissible at common law when the Missouri constitution was adopted back in 1820—so therefore, it is unconstitutional.

Now close to three years later, some members of the Missouri legislation want to reenact the cap laws. Two bills are currently making their way through the legislation, one in the House and the other in the Senate. The bill just passed by the House would limit the pain and suffering damages to a maximum of $350,000. Whereas the bill just passed by the Senate would create a three-tiered structure with a maximum cap of $400,000 for personal injury claims and $700,000 maximum for non-economic catastrophic injury and death damages (both which would increase by 1.7% annually).

Proponents of the bills argue that such legislation is needed to reduce the costs of medical malpractice insurance and provide incentives to physicians to remain in the state. Those against the bills argue that the caps will hurt people who have already been seriously injured. Opponents further argue that placing a limit on a person’s pain and suffering or a person’s life is a job best done by a jury, not the legislature.

Contact Hubbard & Kurtz Today to Receive the Quality Representation You Deserve

 If you or a loved one was seriously injured by a medical professional, it is important to speak with an experienced Kansas City Medical Malpractice Attorney as soon as possible. Medical malpractice, like all personal injury matters are time sensitive. Only a seasoned Kansas City Medical Malpractice attorney understands what it takes to win a case. The medical malpractice attorneys at Hubbard & Kurtz, L.L.P. are compassionate professionals who are well versed it handling all aspects of medical negligence cases. To schedule a free and completely confidential consultation, contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673. At Hubbard & Kurt L.L.P., our attorneys will work hard to make sure that you receive the justice and compensation you deserve.

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.