Frequently Asked Questions About Medical Malpractice Law in Pittsburg, KS
I am pleased to answer the following questions about Kansas medical malpractice law:
- What are the guidelines for medical malpractice in Kansas? How do I know I have a medical malpractice case?
- What is the average medical malpractice settlement in Kansas? Does Kansas have a medical malpractice settlement cap?
- What damages can I sue for in a medical malpractice case in Kansas?
- How long do I have to sue for medical malpractice in Kansas?
- Who can recover damages in a medical malpractice case in Kansas?
What are the guidelines for medical malpractice in Kansas? How do I know I have a medical malpractice case?
Answer: In Kansas, medical malpractice occurs when a physician or other medical professional provides sub-standard medical care that harms their patient. The appropriate standard of care is measured by what would be expected in the same circumstances from a reasonably competent and skilled medical professional with a similar medical background in the same community. For instance, a specialist must provide the level of care expected of a reasonably competent and skilled specialist of the same type, but a general practitioner in Pittsburg need only provide the level of care expected of other general practitioners in the same area. You will know that you have a medical malpractice case when a medical professional with the appropriate qualifications renders an opinion that you were injured by substandard medical care.
What is the average medical malpractice settlement in Kansas? Does Kansas have a medical malpractice settlement cap?
Answer: A recent study showed that the average settlement in a medical malpractice case in Kansas was almost $200,000. The actual amount of the settlement in your case will partly depend on your chances of prevailing at trial and on your provable damages. Furthermore, the defendant’s insurance company won’t offer more than the limits of the applicable medical malpractice policy. If your case has multiple defendants covered by different medical malpractice policies, each of their insurers might offer their limits in the appropriate case. Your case might have to wait until trial is near before you get solid settlement offers.
What damages can I sue for in a medical malpractice case in Kansas?
Answer: Damages recoverable in a medical malpractice case include reimbursement for the following:
- Medical bills
- Loss of income
- Loss of earning capacity
- Non-economic consequences of your injury, such as pain and suffering, emotional distress, scarring and disfigurement
Kansas law used to put a cap on the amount of non-economic damages recoverable, but the state Supreme Court has struck down that cap. Your damages may include not only those you suffered before trial but future damages of each type that you likely will continue to suffer in the future.
How long do I have to sue for medical malpractice in Kansas
Answer: The Kansas statute of limitations usually allows only two years from the date of the injury to sue for medical malpractice. However, if you could not reasonably know of the harm until later, the deadline might not begin to run until you could reasonably know. In no case can you sue later than four years after the medical error. If you even suspect you’ve been injured by a health care provider’s mistake, you should immediately seek out a medical malpractice attorney to investigate.
Who can recover damages in a medical malpractice case in Kansas?
Answer: In most cases, only the injured patient is entitled to damages. However, if the patient died as a result of the medical malpractice, the heirs to the patient’s estate and the patient’s surviving dependent relatives, such as their spouse and minor children, may be entitled to damages.