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Who Can Be Held Accountable For The Medical Malpractice?

Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation, facility or institution licensed by the state to provide health care or professional services, or an officer, employee, or agent thereof acting in the course and scope of his employment. A claim can be brought against physicians, dentists, nurses, therapists, hospitals, and pharmacists, among others. A physician commits medical malpractice if he fails to act in the same manner a reasonably prudent physician in the same field of medicine would act under the same circumstances. Nurses, therapists and other health care providers, and the hospitals or clinics they work for, can be held responsible for their failure to meet accepted standards of care in their particular field. Kansas law, however, bars medical malpractice claims against a hospital based on the negligence of a physician covered by the Health Care Stabilization Fund if the physician is not an employee or agent of the hospital. The Health Care Stabilization Fund was established by the State of Kansas to provide excess insurance coverage to health care providers.

When a health care provider cares for an injured person at an emergency or accident, that provider will not be held liable unless the damages result from gross negligence or from willful or wanton acts or omissions by the provider.

There may be more than one cause of an injury. When the negligent conduct of two or more parties contributes as causes of an injury, each party is only liable for that portion of the judgment that is equal to the proportion that party`s negligence bears to that of all other parties.

Other Kansas Medical Malpractice FAQs

Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
A: Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are … More
Q: Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A: The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is … More
Q: Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
A: Except for when an emergency exists, a doctor must obtain informed consent of the patient before rendering professional care and treatment. Informed consent means that … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: What Damages Can Be Recovered For Medical Malpractice?
A: As a victim of medical malpractice, you can sue for your injuries and all of the direct consequences of those injuries. You can recover your actual economic losses … More