If you believe you or a loved one has been harmed by medical negligence in Wichita, do not wait to get the legal guidance you deserve.
What Is Medical Malpractice or Medical Negligence?
Medical malpractice, sometimes referred to as medical negligence, occurs when a healthcare professional or facility fails to meet the accepted standard of care in treating a patient, resulting in injury, harm, or even death. In Wichita, patients trust doctors, nurses, surgeons, hospitals, and pharmacists to provide competent, careful treatment. When that trust is broken through negligent actions or omissions, and the patient suffers harm, the injured party may have a valid medical malpractice claim under Kansas law.
The standard of care is a key concept: it refers to the level and type of care that a reasonably skilled healthcare professional, with similar training and experience, would have provided under the same or similar circumstances. When medical providers fall below this accepted standard, whether through careless mistakes, poor judgment, or systemic failures, they can be held legally responsible for the injuries that result.
Examples of Medical Malpractice in Wichita:
Medical malpractice in Wichita can arise from a variety of errors, including:
- Misdiagnosis or Delayed Diagnosis: Failure to correctly identify a medical condition, leading to incorrect treatment or a dangerous delay in care.
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside a patient, or causing unnecessary damage to nearby tissues.
- Medication Mistakes: Administering the wrong medication, prescribing incorrect dosages, or failing to check for harmful drug interactions.
- Birth Injuries: Errors during labor or delivery that cause serious, often permanent injuries to newborns, such as cerebral palsy or shoulder dystocia.
- Anesthesia Errors: Mistakes in administering anesthesia, including overdoses, inadequate monitoring during surgery, or failing to recognize patient distress.
- Failure to Obtain Informed Consent: Performing a procedure or administering treatment without fully informing the patient of the risks, alternatives, or consequences.
- Failure to Monitor Patients Properly: Neglecting to observe patients during recovery, missing signs of complications, or discharging patients prematurely without ensuring stability.
It’s important to remember that not every poor medical outcome is malpractice. Even with proper care, some treatments carry risks, and not all procedures result in success. For a valid malpractice claim in Wichita, a patient must prove the following:
- Duty of Care: The healthcare provider had a legal obligation to provide treatment meeting the accepted standard of care.
- Breach of Duty: The provider failed to meet that standard by acting negligently, carelessly, or unreasonably.
- Causation: The breach of duty directly caused harm or worsened the patient’s condition.
- Damages: The injury resulted in actual, measurable damages, such as additional medical expenses, lost income, pain and suffering, permanent disability, or wrongful death.
According to the
National Institutes of Health, diagnostic errors, medication mistakes, and surgical complications remain among the most common sources of preventable patient harm nationwide. Sadly, these same issues continue to impact families in Wichita every year.
At Riedmiller, Andersen & Scott, our attorneys are committed to helping victims of medical negligence in Wichita recover full and fair compensation. We understand the complexity of these cases and have the resources and experience necessary to challenge powerful hospitals, physicians, and insurance companies when they fail to uphold their responsibilities.
Common Causes of Medical Malpractice in Wichita
Medical malpractice can occur in many ways across Wichita’s hospitals, clinics, and private practices. Some of the most common causes include:
- Misdiagnosis or Delayed Diagnosis: Failure to correctly diagnose a condition can lead to improper treatment, worsening the patient’s health. Missed cancer diagnoses, strokes, heart attacks, and infections are common examples.
- Surgical Errors: Surgeons may operate on the wrong site, leave surgical instruments inside a patient, or cause unnecessary damage to surrounding organs and tissues.
- Medication Mistakes: Prescribing the wrong medication, giving an incorrect dosage, or failing to monitor for harmful drug interactions can cause serious harm or death.
- Birth Injuries: Medical negligence during pregnancy, labor, or delivery can result in devastating birth injuries such as cerebral palsy, brachial plexus injuries, or brain damage due to lack of oxygen.
- Anesthesia Errors: Anesthesiologists must carefully monitor patients. Errors in anesthesia dosage or failure to recognize adverse reactions can have catastrophic consequences.
- Failure to Monitor or Follow Up: Patients often suffer harm when healthcare providers fail to monitor their condition properly after surgery, discharge them prematurely, or ignore signs of complications.
- Lack of Informed Consent: Healthcare providers are required to explain the risks and alternatives to any proposed treatment. Failure to obtain proper consent can form the basis of a malpractice claim.
In a busy healthcare environment like Wichita, where major hospitals such as Ascension Via Christi and Wesley Medical Center serve large populations, the risk of errors increases when proper systems, staffing, and protocols are not followed.
Medical Malpractice Lawsuits in Kansas
Medical malpractice cases in Wichita are governed by Kansas law, which sets specific rules and procedures for filing a claim.
Key Features of Medical Malpractice Lawsuits in Kansas:
- Statute of Limitations: Victims generally have two years from the date of injury to file a lawsuit. However, the injury must be discovered or reasonably should have been discovered within that time. No claim can be brought more than four years after the negligent act occurred (Kansas Statutes § 60-513).
- Caps on Non-Economic Damages: Kansas law places limits on non-economic damages (pain and suffering). As of 2022, the cap is $350,000 for causes of action accruing on or after July 1, 2022.
- Requirement for Expert Testimony: Most Kansas malpractice cases require expert medical testimony to prove that a healthcare provider deviated from the accepted standard of care.
- Screening Panels: In some cases, Kansas law allows for a medical malpractice screening panel to review the case before it proceeds to court. These panels are intended to resolve some disputes early, although they are not mandatory in every case.
Medical malpractice lawsuits in Wichita can be complex, highly technical, and fiercely defended by hospitals and insurance companies. That’s why working with a skilled attorney is critical.
Determining Liability in a Medical Malpractice Accident
Determining who is liable in a Wichita medical malpractice case often requires a thorough investigation and extensive review of medical records.
Potentially liable parties can include:
- Doctors and Surgeons: Individual physicians can be held responsible for negligent diagnosis, treatment errors, surgical mistakes, or failure to obtain informed consent.
- Nurses and Hospital Staff: Nurses, aides, and support staff who fail to provide proper care or monitoring can be liable for injuries to patients.
- Hospitals and Medical Facilities: Hospitals may be liable for negligent hiring, inadequate staffing, poor policies, or failure to properly supervise their employees.
- Pharmacists and Pharmacies: Medication errors, including dispensing the wrong drug or dosage, can result in significant patient harm.
Evidence Used to Establish Liability:
- Medical records and treatment notes
- Testimony from medical experts
- Witness statements from other healthcare workers
- Internal hospital policies and protocols
- Independent medical evaluations
At Riedmiller, Andersen & Scott, our Wichita medical malpractice attorneys conduct comprehensive investigations to determine all responsible parties and build the strongest possible case.
How Can an Attorney Help After a Medical Malpractice Accident in Wichita?
Medical malpractice cases are among the most challenging types of personal injury claims. Hospitals and doctors often have teams of lawyers working to defend them. Without skilled legal representation, patients may find it impossible to secure fair compensation.
At Riedmiller, Andersen & Scott, our Wichita attorneys help by:
- Conducting Detailed Investigations: Gathering medical records, consulting experts, and identifying signs of negligence.
- Building a Strong Case: Establishing a clear link between the healthcare provider’s breach of duty and the patient's injuries.
- Negotiating with Insurance Companies: Fighting for a fair settlement that fully accounts for medical expenses, lost income, pain and suffering, and future costs.
- Taking the Case to Trial if Necessary: If a reasonable settlement cannot be reached, we are fully prepared to advocate for our clients in court.
We understand the emotional, physical, and financial toll that medical malpractice takes on Wichita families and we are committed to helping you recover and move forward. We serve injured victims throughout the Wichita area in a wide array of personal injury claims, including:
What Compensation Is Available in a Wichita Medical Malpractice Claim?
Victims of medical malpractice in Wichita may be entitled to recover substantial compensation for the physical, emotional, and financial harm they have suffered. A successful medical malpractice claim aims to restore what was lost and to help patients and families rebuild their lives after devastating injuries.
Depending on the details of the case, available compensation may include:
- Medical Expenses: Reimbursement for past and future medical bills related to the malpractice, including surgeries, hospital stays, specialist consultations, rehabilitation, therapy, prescription medications, and any necessary assistive devices.
- Lost Wages and Loss of Future Income: Compensation for time missed from work during recovery and for any reduction in future earning capacity if the injury causes permanent disability or limitations.
- Pain and Suffering: Damages for the physical pain and emotional anguish caused by the injury, as well as the ongoing challenges associated with living with a serious medical condition.
- Loss of Enjoyment of Life: Compensation for the inability to engage in hobbies, recreational activities, family interactions, and other parts of life that the victim previously enjoyed.
- Permanent Disability or Disfigurement: Additional damages may be awarded when malpractice results in lifelong physical impairment, paralysis, amputation, or severe scarring.
- Wrongful Death Damages: In cases where malpractice leads to a patient's death, surviving family members may pursue damages for funeral costs, medical bills incurred before death, loss of financial support, and the emotional loss of a loved one.
At Riedmiller, Andersen & Scott, our Wichita medical malpractice attorneys work diligently to calculate the full scope of damages in every case. We fight to ensure that our clients are not left bearing the financial burdens caused by preventable medical errors.
Contact Riedmiller, Andersen & Scott After a Medical Malpractice Accident in Wichita
If you believe that you or a loved one has been the victim of medical malpractice in Wichita, do not wait to seek legal help. Strict deadlines apply, and important evidence can disappear if not preserved quickly.
The attorneys at Riedmiller, Andersen & Scott have extensive experience representing victims of medical negligence throughout Wichita and Sedgwick County. We offer compassionate, aggressive advocacy designed to hold negligent healthcare providers accountable and secure the financial compensation our clients need.
