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.

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.

Medicine is one aspect of our world today that we heavily rely on no matter what part of the world we reside in. When it comes down to medicine we use it for multiple reasons whether we simply have the cold, or a more serious health problem. However, in order to get medication, and the proper treatment we rely not only on health professionals and their expertise, as well as experience, but also health care systems, and providers. However, can we truly rest assure that the systems and programs that they are using today are actually doing the necessary, and correct job?

Technology: Helping, or Hurting?

Technology is a part of our world that is forever expanding and changing. Within the medical field, technology has greatly shaped and molded treatments and medications that not only heal patients, but also ultimately save their lives. However, these forms of technology cannot properly be used if patients are not actually having their information properly filed with accurate information. Many hospitals, and health care facilities today have turned to using electronic filing systems versus past forms of filing, which required an actual file full of paper work that had to be copied, and lugged around all over a hospital from one department to the next.

What You Can Expect

While the new filing system is helping make patient file and records more readily available not only in one hospital, but any health care facility they are seeking treatment the system itself is also causing problems. Recently, many cases have begun to come to light that show when using this form of filing that patients records can actually have information not accurate with not only their health and condition, but also the amount of medication they should receive. How is this actually occurring though? When it comes down to errors within an electronic system one can either assume, as well as see, that they are either deriving from an individual either inputting in false information, or malfunctions and glitches within filing programs.

Recently, research and statistics were released by the government that stated that this year alone 60,000 medical errors were expected to occur due to issues with medical electronic filing systems, which was also expected to increase.

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

In the world we live in today we rely heavily on the realm of modern medicine. When we have a headache we take a form of aspirin, or when we are having body aches and pains we might take a pain relieve. Either way, medicine plays a vital, and average role in our lives today. However, when we are experiencing large health issues, and problems that are beyond that of just a slight pain or ache we head to health care clinics or hospitals in order to be diagnosed, and treated by a health care professional. However, can you always trust the individuals who are treating you to not only know what they are doing, but to also be who they say they are?

The Power of Your Resume

When an individual applies for a job, an award, honor, or a grant they generally have to offer a resume primarily in the overall application process. When an employer, or board of individuals examines and individual’s application and resume the majority of the time they will go through the application detail-by-detail in order to see how qualified, or deserving the applicant is. While some individuals may put an activity or two that they truly did not really have a participating role within others can falsify aspects of their job and end up creating problems later down the road.

What You Can Expect From Falsified Credentials Within A Hospital

One example exemplifies the power of an individual’s resume and what can easily occur from falsifying credentials within the medical field. When a doctor applied for employment at a hospital he provided all of the necessary paperwork, and information that was needed for an application, including that of a resume. Within his resume he falsified varying aspects of it including research that he had done, created imaginary data that was not true, and even lied about some clinic treatments he had been involved with. The man was later approved to begin starting his own clinical trial pertaining to that of breast cancer within women.

Luckily, the study was later halted after the man’s credentials were looked at closer. Today, while some of the patients were not negatively affected by the study others ultimately died from not receiving the proper treatment for their breast cancer, and the man’s study.

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

Today, modern medicine has helps individuals in many various aspects of their life whether they are injured, ill, or dealing with some mental issues. We rely on our physicians, surgeons, nurses, and other health care professionals heavily to not only identify our health issue at hand, but also create an accurate, proper treatment plan. However, as we all know mistakes, and accidents are also a common aspect of life, which can even occur within the medical field. Yet, when it comes down to medical malpractice, such as the misdiagnosis of a patient, how often does this actually occur?

Understanding Cancer Within Our Country Today

Cancer is a disease that many people not only in the United States, but also all over the world deal with every single day. There are many different forms, and types of cancer today that affect different aspects of an individual’s health. One form of cancer today that women distinctly are susceptible to is that of ovarian cancer. Ovarian cancer usually begins in the ovaries of a female, which then branches out to other parts of her body eventually. While there are many different medications, and treatments that younger females can take in order to help lessen the likelihood of developing the cancer many women are having to deal with this form of cancer each and every day.

How Misdiagnosis Leads To The Unfortunate Future For Some With Cancer

Unfortunately, many medical tests that screen women for this form of cancer do not always show true results, and are unfortunately not examined thoroughly. Specifically, these tests can easily produce both false-positives and false-negatives for individuals, which then ultimately leads to them either not receiving the proper treatment that they need, or receiving treatment and surgery for an illness that is truly not present. Ultimately, with misdiagnosis occurring women who have ovarian cancer who do not receive treatment for the illness can easily die from ovarian cancer later down the road.

Make sure that when you are being screened for illnesses such as cancer, particularly that of ovarian cancer, to speak to your doctor pertaining to your test, and consider taking multiple tests in order to help clear the air.

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