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Wichita Medical Malpractice Lawyers

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If you or a loved one has sustained severe injuries at the hands of doctors, hospitals, nurses, or other medical professionals, you may have a medical malpractice lawsuit on your hands. 

You may be entitled to compensation for additional medical treatment, lost wages, and even for your pain and suffering. Consult our team at Hutton & Hutton Law Firm, LLC if you are interested in filing a claim.

Why choose our Wichita medical malpractice attorneys?

  • More than $400 million won for our clients
  • You don’t pay a cent unless we win compensation for you
  • Selection for Super Lawyers® Rising Stars℠ and Super Lawyers®
  • Included in U.S. News & World Report Best Law Firms

Medical malpractice cases are often difficult to prove and even harder to win mainly because juries are particularly sympathetic to the challenges that medical practitioners face in their fields. 

This is why you should work with a Wichita medical malpractice lawyer who can help you file and litigate a compelling claim.

We were very well taken care of.
Larry M.
$34 Million
Mason v. Texaco, 948 F.2d 1546 (10th Cir. 1991). Otis Mason died of leukemia caused by exposure to benzene, an industrial solvent and gasoline component, for which the jury awarded $34 million.

When Can I Sue for Medical Negligence?

Not every poor medical outcome is the result of negligence. Sometimes a doctor can do everything right but their patient still doesn’t get better. In order to file a medical malpractice lawsuit, you must be able to prove that your doctor, nurse, or other healthcare professional acted negligently.

The following elements are necessary in order to sue for medical negligence:

  • Duty of Care - Whether it is your primary care physician or a specialist, your doctor has a responsibility to treat you to the best of their ability. At a minimum, they are required to provide a standard of care that could be expected from another physician with a similar level of training and expertise.
  • Breach of Duty - A doctor, nurse, or other healthcare professional that does not uphold the standard of care is in breach of the duty owed to their patient. That breach of care may involve misdiagnosing their patient’s condition, not ordering the right tests, or prescribing the wrong medication.
  • Causation - A breach of duty by your physician may not be enough to have a medical malpractice case; you must be able to prove that your doctor’s negligence caused you to suffer harm. An example of this would be if your doctor failed to diagnose your cancer right away, costing you months of lifesaving treatment.
  • Damages - The final element of a medical malpractice case is damages. These are financial, physical, and emotional losses that resulted from your doctor’s negligence. Damages could be the cost of medical treatment, pain and suffering, and permanent disability.

If you are unsure whether you have a case for medical negligence or not, contact the experienced Wichita medical malpractice attorneys at Hutton & Hutton Law Firm, LLC. We can examine the details of your case during a free consultation.

Medical Malpractice Statute of Limitations

If a medical professional’s careless actions have caused you harm, it is imperative that you take action quickly to stay in compliance with the state’s statute of limitations. A “statute of limitations” is a window of time in which a person is permitted to seek legal action. 

Medical malpractice claims in Kansas must be filed within two years of discovering an injury or illness caused by a medical error. Wrongful death claims related to medical malpractice are also subject to the same time limit.

With that being said, no claim can be filed more than four years after an alleged negligent action. If you do not file a claim before these time limits expire, the courts may refuse to hear your case and you will no longer be able to seek compensation.

How Much Compensation Can I Receive?

While measurable economic damages such as medical expenses and lost wages have no limit, non-economic damages related to a person’s pain and suffering are capped at $300,000 per plaintiff. In particularly egregious cases of negligence, a judge may award punitive damages aimed to punish the defendants totaling up to $5,000,000.

It is important to note, however, that damages will vary on a case-by-case basis depending on the severity of a person’s injuries and the facts surrounding their case. To determine the exact amount of your eligible compensation, it is vital that you consult with our firm.

What Makes a Successful Medical Malpractice Case?

In Kansas, a successful medical malpractice case is comprised of liability and causation. To prove liability in a medical malpractice case, the care provided by the health care professional must be deemed negligent or reckless and fall below the accepted “medical standard of care.” According to Nolo.com, "The ‘medical standard of care’ is typically defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice." After liability is determined, the negligent or reckless act must be connected to an injury sustained by the patient. If there was no harm, medical malpractice did not take place. 

The health care provider subject to the suit will typically ask the court to convene a “medical malpractice screening panel” once a malpractice lawsuit is filed. This panel is made up of three health care providers and an attorney. One provider will be chosen by the plaintiff and the defense, one provider will be agreed upon by both parties, and the attorney will be appointed by the court. This panel will assess the merits of the patient's claims by determining if there was a deviation from the medical standard of care in the plaintiff's treatment and if there is a relationship between that deviation and the harm suffered. Examples of this type of deviation include surgical mistakes, birth injuries, prescription errors, and emergency room errors, among others. 

If you believe you are the victim of medical malpractice, do not hesitate to contact Hutton & Hutton Law Firm, LLC at (316) 688-1166 about your case. 

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  • We Charge You Nothing Until You Win
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Serving Since 1979. Cutting-Edge Trial Technology.

Medical malpractice cases can be complex, but we never shy away from a challenge. Our attorneys have a sophisticated understanding of medical injuries and we pay close attention to the nuances in medical malpractice laws. 

We also have access to state-of-the-art technology and computer simulation tools to help us simplify complex medical issues to a jury. To experience high-powered personal injury advocacy, turn to our team.

Reach us at (316) 688-1166 or online to learn more in a free consultation.

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