Bertram & Graf, L.L.C.
4717 Grand Avenue, Suite 800
Kansas City, MO 64112
Phone: 800.200.6303
Fax: 816.523.8258
8400 E. Prentice Ave., Penthouse Suite
Greenwood Village, CO 80111
Phone: 303.409.7711
Fax: 303.409.7714
Medical Negligence
Doctors, nurses, and other health care providers are responsible for the health and safety of their patients. Under the law of most states, they are professionally negligent if they fall below what is known as the "standard of care."
Expert witness testimony is required to instruct a jury whether or not the defendant(s) has met this standard of care. Although states may define "professional negligence" and "standard of care" differently, it is generally defined as whether or not the defendant used that degree of skill and learning ordinarily used by health care professionals in similar circumstances. If a jury finds that the defendant failed to meet the standard of care and was professionally negligent, then they must determine whether or not the party seeking damages was caused harm by the professional negligence.
Medical negligence litigation is difficult and complex, and this complexity and the expense of medical negligence litigation have greatly increased over the last decade because the practice of medicine has become far more complicated and sophisticated. Preparing and trying a medical negligence case requires experience. The attorneys at Bertram & Graf have extensive experience in litigating and trying medical negligence cases.
Common Types of Medical Negligence
If a health care professional fails to follow accepted medical guidelines, hospitals may be held liable for any injuries that result. If you have suffered physically, financially, or emotionally as a result of substandard medical treatment, you may have grounds for a medical negligence lawsuit. Listed below are common types of medical negligence:
Misdiagnosis / Failure to Diagnose
Many health conditions, when not diagnosed promptly, can result in serious, even life-threatening problems. Misdiagnosis occurs when a physician incorrectly diagnoses an illness or medical condition, leading to inappropriate or detrimental treatment. Failure to diagnose occurs when a medical professional fails to detect an illness or medical condition (such as cancer or a heart attack) altogether.
Birth Trauma / Cerebral Palsy / Brain Damage
While not every child's cerebral palsy is caused by medical negligence, there are many circumstances in which doctors' or nurses' errors do result in a birth injury. This negligence may occur due to inadequate testing during the prenatal period, or by failing to appropriately respond to fetal distress during labor, or by failing to provide emergency care to a distressed newborn. Lack of oxygen to the baby's brain, before or after birth, can cause permanent brain injury, which is known as cerebral palsy.
Surgical Mistakes
All surgeries, no matter how common or "simple," expose patients to certain risks. Surgical errors may occur when doctors perform the wrong procedure on a patient, cause accidental injury to the body, or fail to properly monitor a patient's condition during treatment.
Nursing Errors
Often overworked or undertrained, nurses may act carelessly and cause their patients harm. Common nursing errors include: medication mistakes, delays in vital care, performing tasks beyond the scope of the nurse's abilities, failing to notice signs that additional treatment is required, and failing to report changes in the patient's condition to a doctor.
Hospital / ER Negligence
Hospitals and emergency rooms have a responsibility to provide a safe environment and a high standard of care for patients. However, patients can be harmed by untrained or incompetent hospital staff performing procedures beyond the scope of their abilities, careless physicians or support personnel, medication mistakes, and lax sanitation standards.
Determining Fault in Medical Negligence Claims
The most important element to a medical negligence lawsuit, or any personal injury claim, is determining fault. At Bertram & Graf, L.L.C., our attorneys will thoroughly investigate the circumstances surrounding the victim's treatment and consult with impartial medical experts to determine if a health care professional caused injuries.
To successfully prove a medical negligence case, our lawyers must demonstrate the following:
- The client was injured or harmed.
- A doctor-patient relationship existed. The health care professional had a duty to provide the victim care.
- The health care professional rendered negligent or substandard care.
- The injury or harm was the result of the administered negligent or substandard care.
Additionally, health care facilities can be liable for injuries resulting from an unsafe environment and failing to adopt or implement appropriate protocols. If you or a loved one has been the victim of medical negligence, our attorneys can review your claim and determine if a claim exists. We will carefully examine the circumstances involving the care provided by the health care professional or medical facility, establish liability, and fight on your behalf for fair compensation. Contact Bertram & Graf to schedule a complimentary case consultation today.