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What qualifies as Medical Negligence?

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Doctor Malpractice Lawyer Kansas City MO

Doctor Malpractice Lawyer Kansas City MOMedical malpractice is not something that should be taken lightly. Typically, it is not something that is on your mind or something you have to worry about until you or your family experiences it. The injuries that can happen because of medical malpractice can be devastating and life-changing. Everyone should be aware of negligence that goes on in the medical field so they can take the proper steps from it happening and if it does happen, the proper steps to take after. According to studies, more than 250,000 deaths happen at a hospital a year because of malpractice. That number is higher than the total amount of deaths a year that are caused from drunk driving and breast cancer. On top of that, tens of thousands of people receive serious injuries and disabilities a year from medical malpractice. If you or a loved one have been involved in malpractice, it is important that you do not hesitate and contact a medical malpractice attorney in Kansas City, MO to help you onto the right path.

What is Medical Malpractice?

Medical malpractice, or medical negligence, is a way to hold medical staff accountable for any actions or services they provide. These personal injury cases are considered to be special scenarios because they involve the responsibility of someone on a medical staff to provide an ethical and responsible response to treating someone’s injuries.

Chaos at the Hospital

Emergency departments can be chaotic. Depending on the circumstances of any given day, an ED (commonly referred to as an Emergency Room or “ER”) can be overflowing with patients. It is frighteningly easy for mistakes to occur in such an environment, even when the healthcare providers staffing the ER are dedicated, focused, professional individuals. Accidents do happen. And all too often, patients pay the price for medical errors that could have been prevented.

Not all accidents provide injured patients with grounds to file a legal claim. For example, if a physician is exercising a medically accepted standard of care and something goes awry anyway, that is an accident that is no one’s fault (legally-speaking). With that said, if a medical error is made because a physician or other responsible party is deviating from a professionally accepted standard of care, a patient can hold that party responsible under the law.

How do you know if the harm that you or a loved one suffered while in the ER is legally actionable? You speak with a doctor malpractice lawyer Kansas City, MO residents trust about your situation. Once a reputable Kansas City, MO doctor malpractice lawyer from Royce Injury Attorneys LLC knows more about your unique circumstances, our team will be able to help you make an informed decision about any legal options that are available to you.

Who Is Liable When Mistakes Occur in an ER?

It’s important to understand that the complex culture of an ER leads to complex liability issues in the event that a medical mistake harms an ER patient. There are times when nurses are liable, other times physicians are liable. Oftentimes though, it is the hospital itself that is deemed liable when medical mistakes harm patients because they failed to institute proper procedures and safeguards that could have prevented accidents from happening in the first place. Finally, it is possible for some patients to hold both healthcare providers and facilities liable simultaneously. It is important to avoid making assumptions about who may be liable in your case until you’ve informed an attorney of the details of your situation and allowed them to investigate. After all, every single case is differently and must be approached discerningly.

Hospital Liability for Employee Actions

The liability of healthcare professionals that work within a hospital can vary depending on the situation and the circumstances of the case. Liability can also vary from state to state. In most situations, hospitals are going to be the ones that are liable for the actions of their employees that work there. The hospital generally will also be liable for the actions of others that the hospital itself has the ability to control.

It is important to remember that not every medical professional that is working within the hospital, might not necessarily be a hospital employee or within the control of the hospital. Generally, in most hospitals, nurses, physical therapists or any other therapist, lab technicians, medical technicians, and the doctors themselves are actual employees of the hospital. However, there are a lot of doctors out there that work as independent contractors and are not actual employees of the hospital they practice at.

Hospitals have a duty to protect their patients from any medical malpractice. If any hospital allows the privilege to be a staff member to a doctor or nurse who is incompetent or dangerous, that hospital has the possibility of being held liable for the negligent actions of that doctor or nurse. If after some time, a hospital comes to find out that a doctor or nurse has become dangerous or incompetent based on their actions, that hospital has the duty to remove that doctor or nurse from it’s staffing. If a hospital has the reason to believe that someone on the medical staff has breached their duty of care by breaking the rules and procedures of the hospital, the hospital could be considered negligent for not protecting the patient.

Legal Assistance Is Available

If you either know or suspect that you or a loved one has suffered harm as a result of a medical error that occurred in an ER, please don’t wait to connect with a Kansas City, MO doctor malpractice lawyer at our firm. During a confidential, risk-free consultation, you can ask our Kansas City, MO doctor malpractice lawyer team all the questions you have about your situation and receive personalized guidance about your legal options. When it comes to medical errors, it is far better to ask questions than to be left wondering “why?”. We look forward to hearing your story and helping you make an informed decision about your next steps.

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