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The injured party has the burden of proving that the health care provider negligently failed to meet the applicable professional standard of care for that health care provider. That means the health care provider failed to act as a reasonably prudent health care provider in Kansas would under similar circumstances. Health care providers are judged in comparison with similarly trained and qualified providers of the same class in the same community in the same field of medical specialization. Likewise, a hospital owes their patients a duty of ordinary care to provide equipment and facilities reasonably suited to the intended uses and such as are in general use in similar hospitals under similar circumstances. The injured patient must then prove that the health care provider`s breach of the standard of care was a proximate cause of the injuries to the patient. In other words, there must be a close connection between the action of the health care provider and the harm to the patient. Finally, you have to show what damages resulted form the alleged mistake. This may include medical bills, lost wages, pain and suffering, etc. Because medical malpractice claims are expensive to pursue, damages must be significant.
Claims of medical negligence must be proved by expert testimony unless the lack of care is so obvious as to be within the common knowledge of a layperson. An example might be when the physician injures a part of the body not being treated or a foreign object is left in a patient`s body. When the standard of care is at issue, no person may qualify as an expert unless 50 percent of his or her professional time was devoted to clinical practice over the two years preceding the incident. Medical malpractice claims are very difficult to prevail in and are also extremely expensive partly due to the need for qualified expert review and testimony. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.