Tom Dickerson
Tom Dickerson is a trial attorney and co-founder of Dickerson Oxton, where he focuses on personal injury, wrongful death, medical malpractice, and catastrophic injury litigation. Since launching the firm with Chelsea Oxton Dickerson in 2010, Tom has helped recover millions of dollars for injured clients through aggressive advocacy and courtroom experience. Known for his client-first approach, he is dedicated to standing up for individuals and families against insurance companies and large corporations.
When you go to the emergency room, urgent care, or your primary care physician, you trust that whoever sees you will be knowledgeable, thorough, and accurate in their diagnosis and treatment of your ailment. While this is generally the case, sometimes you see a provider and something does not go as expected. Perhaps it took a long time to diagnose you, or they gave you a diagnosis and then changed it, or the treatment was unusual for what they said you were suffering from. In some cases, you may struggle to identify what you feel was wrong; you just know something about it was “off.”
When you suspect medical malpractice in Kansas City, Missouri, or Kansas, it is essential not to rush to file a lawsuit. However, you should explore the situation further with the assistance of a medical negligence attorney to determine whether the provider was negligent so you can ensure they are held liable for what happened to you and prevent it from happening to others. Contact Dickerson Oxton at (816) 542-6599 to schedule an appointment with one of our attorneys to learn more about your medical care and whether there is a claim to be made.
See Another Medical Provider for Care
In any medical malpractice case, the individual’s priority should be their health. Before exploring legal options, it is essential that the individual consult with another medical provider to ensure they are receiving proper treatment, thereby preventing their health from worsening. This can prevent severe complications and may illuminate the initial source of the health issue. This also marks the beginning of the documented record of any harm caused by the initial negligence.
Document Everything
Medical records will be some of the most substantial evidence in a medical negligence case, but personal documentation is also good evidence. Individuals should take note of their symptoms, take photos of visible injuries, and keep detailed notes of attempts to contact the provider, conversations with the provider, or other relevant information that can help prove the provider was negligent. These notes should include the names of anyone involved, including doctors and nurses. Even a receptionist who takes a message should be included, to be able to show whether there were breakdowns in communication that contributed to the problem.
Request Medical Records
Individuals who suspect medical negligence in their care or the care of a loved one should collect and preserve their medical records and other healthcare documents from the allegedly negligent provider. These records should include their medical history, symptoms, diagnostic records, and any medications prescribed. Individuals should request any records related to imaging tests (such as CT scans, MRIs, and X-rays), monitoring (such as fetal monitoring), or pathology results related to the negligence.
If the negligence resulted in a loved one’s death, the family may need to request an autopsy to gain further insight into the specific actions or inactions that caused the death. If the medical examiner’s office or the institution where the loved one died does not offer an autopsy, the family may need to look for private autopsy options.
Speak With a Medical Malpractice Attorney
Medical malpractice claims can be complicated, especially because not every injury is caused by negligence. In cases of medical negligence or malpractice, an attorney can review the individual’s medical records and help them understand the circumstances of their case. They can also hire private investigators to investigate the situation and determine options that may be available to the individual to pursue. If a claim is to be filed, they can also walk the individual through the process, gather expert witnesses, and handle other related matters.
Determine Whether You Have a Claim
An attorney will explore several things to determine whether an individual has a medical negligence claim. Some of these questions may be answered on the individual’s own, while others will require legal or medical knowledge or experience.
Do I Have a Medical Malpractice Claim?
Most people seek out a medical negligence attorney to answer this broad question. While many additional factors must be considered, the individual may be able to partially answer this question. Medical malpractice, or negligence, happens when a medical provider fails to meet accepted standards of care or provides improper care that results in patient harm.
Some common examples of failing to meet accepted standards or improper care include:
- Miscommunication between staff members leading to improper treatment
- Failing to diagnose or misdiagnosing a condition
- Failing to obtain informed consent and not making the patient aware of the risks and alternatives
- Medication errors, including prescribing an incorrect dose or the wrong medication
- Poor care post-surgery resulting in complications or infections that go unnoticed
- Delays in treatment or incorrect referrals resulting in harm (such as worsening of the condition, infection, or improper healing)
- Anesthesia errors, such as failing to monitor vital signs while the patient is sedated or administering too much anesthesia
- Birth injuries, such as failing to perform a necessary C-section or using forceps unnecessarily
- Incorrect treatments that worsen the patient’s condition or cause more harm
- Surgical errors, such as leaving a surgical instrument inside the patient or performing surgery on the wrong body part
A skilled medical malpractice attorney from Dickerson Oxton can help evaluate your case in a personalized consultation.
Do I Have Sufficient Evidence and Documentation?
Even if the individual can identify a particular provider error, strong evidence is required to file a claim. This evidence typically includes medical records that can document the substandard care received and testimony from experts (including second opinions or providers that treated the harm caused by the negligent provider) that confirms the provider’s negligence. Records indicating bills, lost wages, and other documents showing financial losses and emotional suffering related to the harm are also useful. Determining whether there is sufficient evidence and documentation will likely be a question that will need to be answered by an attorney.
Was There a Doctor-Patient Relationship?
This is arguably the most crucial question that must be answered to determine if there is a claim. Medical negligence can only occur if there is a doctor-patient relationship. If an individual speaks with a doctor casually at a social gathering, receives some advice, and their condition worsens from following that advice, this is not malpractice; it is simply an unfortunate situation.
Get a Medical Expert’s Opinion
Getting a medical expert’s opinion may be a standalone step or naturally occur during the process. For example, if the individual seeks treatment from another provider, that provider may have provided an expert opinion that the previous provider was negligent. However, sometimes a new provider is hesitant to provide such an opinion. An attorney may prefer to hire expert witnesses to provide these opinions as well.
Remain Aware of the Statute of Limitations
Prioritizing the individual’s health is essential, but filing a claim must be done quickly if there is evidence of medical negligence. If the negligence leads to the individual’s death, families may file a wrongful death claim, which is also subject to a statute of limitations. An experienced medical negligence attorney at Dickerson Oxton may be able to help individuals or their families understand the statute of limitations, how it applies, and the impact it can have on their case and any compensation they may receive in a successful claim.
Medical Negligence
Missouri’s statute of limitations, found in RSMo § 516.105, and Kansas’s statute of limitations, found in Kan. Stat. Ann. § 60-513, both provide the same amount of time for individuals to file their claims. Individuals have two years from the date the malpractice occurred. However, Missouri grants people two additional years (for a total of four) if the negligence is the introduction and negligently permitting a foreign object to remain in the individual’s body, or for negligently failing to inform the patient of medical test results. The clock for these two additional years starts when the individual discovers the negligence or should have reasonably discovered it, whichever comes first.
In some circumstances, Kansas also grants individuals an additional two years to file a claim. However, Kansas grants those two years for any injury that could not be reasonably ascertained until some time after the act of malpractice occurred. The statute also limits claims to being filed within four years of the act of malpractice, even if the injury was discovered later. For example, if they discover the injury three and a half years after the malpractice, they do not have an additional two years from that point; they would have six months from that point.
Wrongful Death
If the medical negligence results in the death of the patient, Kansas gives the family two years from the day the patient died to file a wrongful death claim. This can be extended for two additional years if the cause of death was not immediately apparent. For example, if it seems that the individual died of natural causes initially, but a later autopsy reveals the medical negligence, the clock starts ticking on the date the autopsy report became available.
In Missouri, RSMo § 537.100 gives families three years from the date of the death. There are some exceptions, such as if the liable party leaves the state and cannot be served. Generally, in both states, families will want to act quickly.
Know What Does Not Count as Malpractice
Sometimes an adverse medical outcome is unavoidable and happens despite a healthcare professional’s best efforts. While this may be frustrating for the patient who has experienced such an outcome, it is unlikely to be called malpractice if the healthcare provider did all they could and met the acceptable standards of care.
Individuals should speak with an attorney if they are uncertain whether their negative outcome is the result of medical malpractice or simply an unfortunate event. However, they should also be aware of the potential adverse outcomes that are typically not medical negligence. Some scenarios that are not medical negligence include:
- Known Side Effects: When a medication or treatment has well-known, well-documented side effects, and the patient is warned about them and experiences one or more, it is not medical negligence.
- Unavoidable Complications: Some medical procedures or conditions have inherent risks. If the potential complications were communicated to the patient and the medical team adhered to the accepted standard of care, it is unlikely to be malpractice.
- Unsuccessful Treatments: Sometimes, treatments lead to poor outcomes or are unsuccessful, such as failed surgeries. While this is unfortunate, if the provider followed all appropriate protocols, the treatment’s failure to lead to the expected outcome is not grounds for a medical negligence claim.
- Unforeseen Medical Issues: In some cases, unexpected complications occur that no provider could have predicted, regardless of their knowledge or experience. When this happens, if the medical provider did everything within their scope to manage the complication, it is unlikely to be considered malpractice.
Second opinions are often recommended, and people will frequently seek another opinion after something has gone wrong. However, two or more qualified healthcare providers having different treatment plans or approaches to the same condition does not mean one is automatically negligent. Medicine can be subjective and require professional discretion, allowing for differing opinions with neither being wrong or negligent.
How a Medical Malpractice Attorney May Benefit You
Whether you suspect medical malpractice for yourself or a loved one, time is of the essence. After seeing another provider to ensure that your health is properly cared for, you should consider meeting with an experienced Kansas City, Missouri, or Kansas City, Kansas medical negligence attorney at Dickerson Oxton to review the details of your case and learn more about whether you have a claim. Call (816) 542-6599 to schedule your appointment.