Best Medical Malpractice Lawyers in Kansas City

When individuals pursue medical care, they entrust their health and lives to professionals they believe will provide safe and effective treatment. However, medical providers may fail to uphold standards of care, and patients may end up facing life-altering consequences.

A Johns Hopkins study reported that medical malpractice contributes to over 250,000 deaths yearly in the U.S., making it the third-leading cause of death. Patients who survive can have devastating injuries and health conditions.

Unfortunately, obtaining justice after a medical malpractice incident can be overwhelming or even impossible without proper legal guidance. At Burger Law, we understand the unique challenges of these cases.

With over 100 years of experience handling various injury cases, we have the capacity to handle your claim and secure a fair outcome. Our medical malpractice attorneys in Kansas City, MO, are ready to hold the negligent medical professionals accountable on your behalf.

Contact our team for a free case evaluation now.

Proving a Medical Malpractice Case

Medical malpractice cases require thorough evidence to show that a medical provider’s negligence caused harm. In Missouri, establishing a malpractice claim relies on demonstrating four essential legal elements:

Doctor-Patient Relationship

The first step in a malpractice case is to establish that a doctor-patient relationship existed. This relationship confirms that the doctor had a duty to provide competent care to the patient.

For example, if you visited a physician for a diagnosis, treatment, or consultation, this connection establishes that the doctor was obligated to offer care according to accepted medical standards. Without this formal relationship, it’s challenging to prove the provider had a duty of care, which is essential to any malpractice claim.

The Doctor Provided Substandard Care

Once the relationship is established, it must be shown that the doctor deviated from the standard of care reasonable of professionals in similar circumstances. The standard of care is the level of care a reasonably skilled provider would accord to a patient under similar conditions.

Examples of substandard care could include failing to diagnose a serious condition, making a preventable surgical error, or prescribing improper medications. Usually, medical malpractice attorneys rely heavily on medical experts to review the case and confirm whether the provider’s actions fell below professional standards.

The Doctor’s Negligent Care Caused Your Injury

Proving that the doctor’s negligent actions directly caused harm is a critical and sometimes challenging aspect of a malpractice claim. It’s not enough to show that the provider made a mistake; it must be demonstrated that this error was the direct cause of the harm.

For instance, if a doctor failed to diagnose cancer early, which then progressed to an advanced stage due to the delay, the link between the misdiagnosis and the worsening condition needs to be clearly established. Again, expert witnesses are key in explaining how the negligence directly contributed to the patient’s harm.

The Injury Resulted in Significant Harm

Finally, the injury must have caused substantial and measurable harm, as medical malpractice cases involve considerable time, effort and expense to pursue. This significant harm generally includes damages such as:

• Serious physical injury
• Emotional distress
• Additional medical bills
• Loss of income due to the injury

For example, if a surgical error led to a permanent disability, resulting in loss of income and requiring ongoing medical treatment, the financial impact could be substantial enough to pursue a claim. Demonstrating this harm may require having medical records, expense documentation and expert opinions to build a compelling case.

Our team will meticulously collect evidence to prove each of these elements. We have networks of medical experts, as well as know how to compile compelling evidence to build a strong case that unequivocally demonstrates the provider’s responsibility for the injury.

Compensation in Medical Malpractice Cases

Compensation in medical malpractice cases aims to provide relief for both economic and non-economic damages suffered by the victim. Your medical malpractice attorney in Kansas City, MO, will review the impact on your life to determine the damages to seek as compensation. Generally, your legal recovery for a medical malpractice claim involves economic and non-economic damages.

Economic damages refer to quantifiable financial losses. For example, if you suffer from a surgical error that requires additional corrective surgery, you may receive compensation for the extended medical care.

Economic damages for medical malpractice cases involve:

• Current medical bills
• Rehabilitation costs
• Future medical expenses
• Lost wages due to the injury
• Lost earning capacity for lasting injuries

On the flip side, your attorney will have to look into the emotional trauma the accident caused you. These are basically non-economic damages, yet they can greatly disrupt your life. While they are subjective and hard to quantify, we have methods to ensure your compensation covers them.

Such damages include the following:

• Pain and suffering
• Emotional distress
• Loss of consortium
• Permanency of injury
• Loss of enjoyment in life
• Wrongful death damages

In cases where a provider’s actions are grossly negligent or intentionally harmful, punitive damages may be pursued to punish the negligent party and thwart similar behavior. For instance, if a surgeon performs an operation under the influence of alcohol, you may seek punitive damages.

Our attorneys can work with financial and medical experts to calculate the full extent of damages for each client. We approach each case holistically so that your potential compensation reflects every way the malpractice impacted your life.

Why You Need an Experienced Medical Malpractice Attorney

Medical malpractice cases are highly complex and require a precise understanding of medical and legal principles. Victims attempting to represent themselves can quickly find themselves overwhelmed by technical details and aggressive defense tactics from large healthcare institutions or insurance companies. Fortunately, our Kansas City medical malpractice attorneys can provide essential advantages to your case.

First and most importantly, an attorney understands the expected standards of care across various medical specialties and can identify deviations. Usually, the legal teams handling the case may have to collaborate with medical experts to thoroughly investigate these cases and ensure that all aspects of negligence are uncovered.

Additionally, complex malpractice cases demand a range of resources, from forensic medical experts to financial analysts. Our firm has built relationships with reputable experts who can provide unbiased insights, contributing significantly to the strength of your case.

Some hospitals and insurance companies employ aggressive defenses to minimize liability. These trucks include blaming the injury on the patient’s pre-existing conditions, among other defenses. With decades of combined legal experience, we can counter these tactics and build defenses that keep the focus on the negligent actions of the provider.

Choosing Burger Law means aligning with a team dedicated to advocating for your rights. We work tirelessly to hold healthcare providers accountable and allow our clients to focus on healing.

Why Should I Choose Burger Law to Help Me With My Medical Malpractice Case?

When choosing a medical malpractice lawyer for your cases, you want to ensure they can completely advocate your case. These cases involve filing claims against highly qualified and trained professionals, which requires tact and expertise.

At Burger Law, we combine a deep commitment to client advocacy with an impressive track record of success in challenging medical malpractice cases. Choosing to work with us gives you the benefit of:

• Client-centered approach. From the moment you reach out, we put your well-being first. Our team takes the time to listen to your story, answer your questions and guide you through the many stages of the case.
• Successful case outcomes. With a history of securing substantial settlements and verdicts, we bring experience and tenacity to every case. We have successfully represented clients in Missouri against major hospitals and insurance companies, achieving significant recovery for their suffering.
• Accessible and transparent representation. We understand the financial burden of medical malpractice cases, which is why we work on a contingency basis. This structure ensures that you don’t pay unless we win, allowing you access to quality legal representation regardless of your financial situation.

With Burger Law by your side, you’re not just another case file. We treat every client with respect, dedication and a commitment to achieving the justice they deserve.

How Much Does a Kansas City Medical Malpractice Attorney Cost?

One of the biggest concerns for those considering a medical malpractice claim is the potential cost of legal representation. However, we understand that many patients have their resources already depleted by the time they suffer in the hands of doctors. Thus, our firm offers services on a contingency fee basis, so you only pay if we secure compensation for your case.

Basically, our payment approach features:

• No upfront fees. You won’t have to worry about hourly rates or initial retainers. Our clients pay nothing out-of-pocket for case preparation, allowing them to pursue justice without financial strain.
• Percentage-based fee. If your case is successful, our fee will be a percentage of the total compensation. The more we secure for you, the better for both you and our firm.

This structure is our commitment to enabling you to focus on recovery without the added stress of legal expenses. Still, as part of our ethical code, we provide clients with detailed explanations of costs and ensure that no costs are unknown to them.

What Is the Statute of Limitations for Medical Malpractice in Kansas City?

When considering a medical malpractice claim in Kansas City, you need to be aware of the time constraints stipulated by the statute of limitations. That is why we advise victims of medical negligence to reach out to a lawyer immediately because they have only two years from the date of the alleged malpractice to bring their claim. Failure to act within this timeframe may result in loss of the right to sue for damages.

However, given the unique aspects of medical negligence, such as the time it may take to fully discover that an injury was related to negligence, victims may qualify for additional time to file from the date of discovery.

Also, exceptional circumstances surrounding your case may toll the clock. For example, if the case involved a minor, the statute of limitations is extended until that child reaches the age of majority. Due to the unique issues affecting medical malpractice claims, you need to consult with an attorney as soon as possible to ensure you preserve your right to justice.

What Qualifies as Medical Malpractice?

Not every negative medical outcome qualifies as malpractice. To be considered medical malpractice, the case must involve negligence, meaning the provider failed to meet the accepted standard of care. There are many cases that fit this criteria. These include the following:

Misdiagnosis or Delayed Diagnosis

Misdiagnosis, or failing to diagnose a serious condition, can lead to incorrect treatments, delayed necessary care, or even worsening the patient’s condition. For example, misdiagnosing a heart attack as indigestion or failing to identify cancer early on could result in significant harm.

Surgical Errors

Mistakes made during surgery can have a lasting impact on a patient’s health. Regrettably, surgical settings account for around 10% of preventable patient harm reported in healthcare. Examples of surgical errors include:

• Operating on the wrong site
• Leaving instruments or sponges inside the patient
• Damaging surrounding organs or tissues during the procedure
• Wrong patient surgery
• Nerve damage
• Using dirty instruments during surgery

Anesthesia Errors

Anesthesia errors, which occur when the anesthesiologist administers an incorrect dosage or fails to monitor the patient’s vital signs properly, can lead to complications such as brain damage, coma, or even death. These errors are often preventable with proper monitoring and preparation.

Medication Errors

Did you know that medication errors affect 1 out of every 30 patients in hospitals? Prescribing or administering the wrong medication or incorrect dosage can happen at any stage. This may involve a physician prescribing the drug to the pharmacist or even the nurse administering it incorrectly. Consequences can range from mild allergic reactions to life-threatening complications.

Birth Injuries

Obstetric negligence can result in severe harm to both mother and child. Common examples of birth injuries include failing to respond to fetal distress, improper use of delivery tools as well as delayed C-sections. These errors can lead to permanent conditions like cerebral palsy, nerve damage, or maternal injuries.

Failure to Obtain Informed Consent

Medical professionals are required to inform patients of potential risks associated with treatments or procedures. When a healthcare provider fails to obtain informed consent, and the patient suffers harm from an undisclosed risk, it can qualify as malpractice. This applies even if the procedure itself was correctly performed.

Infections Due to Poor Sanitation

According to CDC reports, about 99,000 people die every year from infections they contract while receiving care. Hospitals and surgical facilities have a duty to maintain a sterile environment. If a patient contracts a severe infection due to poor sanitation, improper sterilization of equipment, or staff negligence, it may constitute a valid malpractice claim. Hospital-acquired infections like MRSA can be especially dangerous.

Premature Discharge

When a patient is discharged too soon without adequate treatment or recovery, they may experience complications or require readmission. Premature discharge can lead to worsened conditions, complications, or re-injury, especially if the patient was not given proper follow-up care instructions.

Lack of Proper Monitoring

Healthcare providers are responsible for monitoring patients, especially during recovery or while under sedation. Failing to monitor vital signs or respond to alarming symptoms can result in serious injury or death. Examples include failure to notice signs of respiratory distress or not catching adverse reactions to treatments.

Our legal team will evaluate your unique case carefully to determine whether the provider’s actions constitute malpractice and employ our best strategies to hold the liable practitioners responsible.

How Much Can I Get from a Medical Malpractice Case?

The value of a medical malpractice claim varies widely based on factors surrounding the case. For example, Missouri’s damage caps on non-economic damages will influence the amounts of compensation you will finally get.

Non-economic damages are adjusted depending on the nature and severity of the injury, such as a permanent disability caused by negligence. However, Missouri limits compensation for non-economic damages to $400,000 and $700,000 for catastrophic injuries. In cases of wrongful death claims, the cap is adjusted annually at the rate of 1.7% (Missouri Statute 538.210).

Additionally, the severity of the injury directly affects the final payout. For instance, a patient left permanently disabled after a surgical error may receive compensation for long-term medical expenses, loss of earning capacity and associated pain and suffering.

The quality of legal representation also greatly affects the final payout in a medical malpractice claim. Attorneys with rich experience in handling such cases have the resources to negotiate effectively and gather admissible evidence, often leading to significantly higher settlements or verdicts.

Essentially, your medical malpractice attorney in Kansas City will evaluate your case comprehensively to determine how much is needed to fully compensate for every loss you encountered.

Process for Filing a Medical Malpractice Claim

Filing a medical malpractice claim involves a structured process that Burger Law streamlines for our clients to ensure clarity and efficiency. Basically, it all begins with a free consultation, where we assess the strength of your claim through a thorough case evaluation.

Once we understand the details, we move on to collecting essential evidence, which includes gathering your medical records, securing expert opinions and compiling any other relevant documents that support your case.

Next, your lawyer formally files the complaint, officially initiating the legal proceedings. At this time, there is an exchange of details by the parties, known as the discovery phase. During this phase, we engage with the defense, share evidence and negotiate for a reasonable settlement offer.

If we can’t possibly reach a fair resolution, we prepare to take your case to trial to advocate for your best interests. With a legal advocate from Burger Law by your side, you will never feel alone and overwhelmed. We keep you in the loop so that you are aware of the development of the case and what to expect from the process.

Consult Our Kansas City Medical Malpractice Lawyers Today

If you or someone you love has suffered due to a medical provider’s negligence in Kansas City, you need to act immediately and get the necessary legal advice. Valid medical malpractice cases are both challenging and time-bound, but professional legal representation can provide support and peace of mind.

A Kansas City medical malpractice attorney at Burger Law can support you in pursuing justice and fair compensation. We understand the suffering that victims of medical negligence go through, and we can assure you of the compassionate support necessary to help you rebuild your life. Contact our team today to schedule your free consultation.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

View More Reviews on Google Maps and Yelp