When you are ill or experiencing a medical problem, you turn to your trusted family physician or medical provider. Depending on your ailment, your doctor will recommend a course of treatment. While some patients may have questions regarding a prescribed treatment most patients do not question the treatment itself. In other words, patients have a tendency to assume that if a doctor prescribes a particular medical intervention that he or she has a good reason to believe it will work. However, is this always the case?

A recent New York Times article examined how patients are hurt or even die because some of the medical devices on the market are not adequately screened or monitored by the Food and Drug Administration (FDA). It is estimated that in the past decade alone, there have been close to 2 million injures and greater than 80,000 deaths as a result of faulty medical devices. It was revealed that some of these faulty devices were approved for use with little to no clinical data. Put another way, some of these same products that were used to treat a medical problem had clinical proof that they were either safe or effective.

One of the biggest examples in history of a medical device gone wrong is pelvic mesh also known as transvaginal mesh. Pelvic mesh is a synthetic product implanted surgically into a woman to repair a condition known as pelvic organ prolapse, where a woman’s pelvic floor muscles are weakened and organs including the uterus or bladder can sag into the vaginal area. It is a common affliction especially with women who have given birth vaginally. Approximately 1 in 8 women have surgery to treat pelvic organ prolapse.

For over a decade, more than 100,000 patients, who had suffered varying degrees of life-altering injuries, made claims against seven companies responsible for making the mesh. The craziest part about the product responsible these 100,000 women’s injuries and close to 80 deaths is that it was never clinically before being approved by the FDA to treat pelvic organ prolapse. Instead, it was approved by what is known as a “510k clearance” loophole which allows a product to be approved more quickly and cheaper because the product is similar to an existing approved product.

The good news, if there is any, is that the FDA in April finally pulled the remaining pelvic mesh products from the market saying that it could not guarantee the long-term safety of the product. This after advocates had to tried to persuade the FDA for years of the dangers of the product. The bad news, of course, is that there were so many innocent people suffered far greater harm (and even death) by a medical device to solve a medical problem caused. The pelvic mesh litigation is one of the largest mass tort cases in the nation’s history in terms of the number of corporate defendants, the number of claims filed, and settlement dollars of approximately 8 billion dollars.

If you believe you or a loved one suffered an injury due to medical negligence or due to a faulty medical device, the law firm of Hubbard & Kurtz, L.L.P. can help. The seasoned Kansas City Personal Injury Attorneys at Hubbard & Kurtz, L.L.P. know what it takes to prove all the elements of a medical malpractice case a defective medical device case. Our attorneys have helped countless families, in both Kansas and Missouri, fight to obtain just compensation. Trust our team of skilled Kansas City Medical Malpractice and Personal Injury Attorneys to provide you with considerate and compassionate service. Contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673 to schedule an initial consultation.

Are you contemplating going under the knife for a cosmetic procedure? Are does the idea of having a cosmetic surgery worry you? If so, that is totally normal. Even before electing to undergo a cosmetic procedure, most people have heard of numerous plastic surgery horror stories. Take, for example, the celebrity who had an eyebrow lift and now has a constant “surprised” look on their face. So if the thought undergoing such a procedure has you a bit apprehensive, you are not alone.

Cosmetic procedures are a type of plastic surgery that is deemed “not medically necessary,” or in other words done only for cosmetic reasons. Cosmetic surgeries are quite common in the United States. In 2016, there were nearly 1.8 million cosmetic surgeries performed in the U.S. alone. However, just because cosmetic procedures are hitting a record high in popularity, does mean they are all being completed without error.

As a result, many people have questions about cosmetic surgeries errors. Some of the most commonly asked questions including the following:

1) I am unhappy with the results of my cosmetic procedure, can I sue my surgeon?

The answer to this question is yes and probably not. Of course, while anyone can file a lawsuit, the real question is whether the lawsuit is likely to be successful. The answer to this question is probably not. Just because a patient is dissatisfied with the results of a procedure does not mean that the surgeon committed malpractice. To have a successful suit the plaintiff, or injured party needs to be able to prove negligence or willful misconduct on the part of the surgeon, a member of his or her surgical team, or the hospital.

2)  What types of problems associated with cosmetic surgery can lead to a malpractice claim?

To be clear, any surgery has inherent risks, and no surgeon can guarantee that a patient will love the result. However, every patient, whether undergoing a medically necessary or a cosmetic procedure, is entitled to a certain standard of medical care. If a surgeon does not perform at this standard, and his or her failure to do so causes the patient injury, the patient can pursue a malpractice lawsuit. Common problems after cosmetic surgery that are often due to surgeon error or negligence include: pain, never damage, internal bleeding, leaking of an implant, facial disfigurement, serious scarring, loss of feeling or numbness, disproportion body parts, wrongful death, and many more.

3) What should I do before selecting a surgeon for a cosmetic procedure?

Before selecting a surgeon, a person needs to do some homework. First, it is important to select someone who has the necessary training and experience based on the type of procedure that the patient wants to have done. Second, make sure that the surgeon regularly performs the procedure and ask to see evidence of his or her results. Third, you will want to check with your state’s medical board to determine whether the surgeon has had any medical practice suits filed against him or her.

Why Hubbard & Kurtz?

If you believe that you or a loved one suffered an injury after having a cosmetic procedure, it is important that you seek the legal advice of an experienced Kansas City Medical Malpractice Attorney. An attorney can determine whether your injury is due to medical malpractice or medical negligence. The Kansas City Medical Malpractice Attorneys at Hubbard & Kurtz, L.L.P. are skilled professional who possess key knowledge of the law and the necessary diligence to investigate the facts which are both needed to have a successful outcome. To learn 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 victims of medical malpractice in both Kansas and Missouri, superb legal services.

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.

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.

 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.

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 7^th 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.

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.