When we go to the doctor, we expect healing, not harm. But what happens when we’re misdiagnosed, get sick because a healthcare facility was unsanitary, or even have an operation performed on the wrong part of the body?
In these cases and more, people like you may be victims of medical malpractice.
If you didn’t receive adequate treatment for your illness or injury or were the victim of a medical mistake, you could have grounds to demand compassion for your harm. We want to help you. A Kansas City medical malpractice lawyer from Langdon & Emison can evaluate your circumstances and advise you of your legal options, including filing a malpractice claim.
Contact our firm today at (866) 931-2115 for a free consultation.
Experienced advocates fight for justice when standards of care are breached
Medical malpractice occurs when a healthcare professional fails to provide proper treatment, take necessary actions, or deliver substandard care that results in harm, injury, or even death to a patient. Any healthcare provider—nurses, surgical techs, anesthesiologists, or even the facility itself—can be liable.
Unlike accidents or unforeseen complications, malpractice involves professional misconduct within personal injury law. Not every poor outcome qualifies as malpractice; proving it requires showing a breach in the standard level of care. Medical malpractice cases are complex and require an attorney who understands legal and medical care standards. At Langdon & Emison, our Kansas City personal injury lawyers are skilled in handling these intricate cases and ready to help you.
Why Choose Langdon & Emison: Your advocates for justice and results
Langdon & Emison is a personal injury law firm with over 30 years of experience litigating personal injury claims, including medical malpractice cases. As experienced medical malpractice lawyers, Kansas City is our home turf. We know the courtrooms, judges, and procedures. Being on familiar ground gives us an edge over a large national firm that may have never stepped foot in a Jackson, Clay, or Platte County courtroom.
Several prestigious professional organizations, including Super Lawyers and Ingram’s “Top Lawyers” List, have recognized our firm as one of the nation’s leading personal injury law firms.
As Kansas City natives, we’re very familiar with our prairie metropolis. We enjoy giving back to and supporting our community. Our firm is a top sponsor of the Association of Women Lawyers—Kansas City and several other professional organizations.
We also believe in pro bono work, including advocacy as part of the Midwest Innocence Project and supporting academic and youth ministry programs at the Community Christian Center near our firm headquarters.
Your legal rights as an injured patient in Kansas City
| Right to informed consent – Before undergoing any medical treatment or procedure, you have the right to be fully informed about the risks, benefits, and alternatives. |
| Right to access medical records – You are entitled to access your medical records, which can be vital in identifying errors or omissions in your care. Reviewing these records lets you understand the treatment provided and assess whether standard care protocols were followed. |
| Right to file a medical malpractice claim – If you believe that a healthcare provider’s negligence caused your injury, you have the right to file a lawsuit. |
| Right to compensation – Victims of medical malpractice may be entitled to compensation for various damages, including medical expenses, lost wages, and compensation for physical pain and emotional distress caused by the injury. |
| Right to legal representation – Navigating a medical malpractice claim can be complex. You have the right to seek legal representation to advocate on your behalf, ensuring that your case is thoroughly evaluated and that you receive fair compensation. |
| Right to confidentiality – Your medical information is protected under privacy laws, ensuring that your personal health details are not disclosed without your consent. |
| Right to report professional misconduct – If you suspect that a healthcare provider has acted unethically or violated professional standards, you have the right to report this behavior to the appropriate licensing boards or regulatory agencies. |
Standing by you: Trusted advocates for medical malpractice victims seeking justice and accountability
Pursuing a claim for medical malpractice is overwhelming for many people. The thought of facing not just the doctor or nurse who made a mistake but possibly a hospital or healthcare system is daunting, especially when you’re reeling from what happened and not in the best physical health.
When you’re hurting, a Langdon & Emison medical malpractice attorney in Kansas City is on your side. We take the lead in asserting your rights and demand that the at-fault doctor, nurse, CNA, or hospital be held accountable for the harm, pain, and worry they cause you.
We have a strong track record of high-dollar settlements for medical malpractice victims like you. Our clients speak for themselves.
| “The staff at Langdon & Emison is awesome, including their technical excellence, plus they’re trustworthy, they’re loyal to their clients, they listen well—I can’t say enough good about Langdon & Emison” ~ Peggy Garrett, personal injury client |
Do you want to have your voice heard? Do you need a lawyer you can trust, someone you know will look out for your rights and interests, and not just a fast settlement? Call us at (866) 931-2115. We’re here to listen, and it costs you nothing for an initial case evaluation.
What Langdon & Emison will do on your behalf
We’re often asked, “What happens in a medical malpractice case? What should I expect?” Although every case is unique, for the most part, you can expect the legal process for medical malpractice claims to go much like this:
- Initial consultation: Bring your medical records and any other documents related to your injury. We will evaluate your claim and provide advice about your options.
- Investigation: We conduct a thorough investigation into the matter, including subpoenaing records from the hospital and witness testimony of others present for the incident.
- Filing the claim: We don’t want to miss the statute of limitations. Once we have sufficient evidence that malpractice occurred, we file a lawsuit for compensatory damages. We also send a Demand Letter to the other party, outlining our claim and requesting full compensation for all your losses.
- Settlement negotiations: We strive to protect you from the stress and expenses of a trial and attempt to settle the case in mediation or arbitration, seeking full and fair compensation for your losses.
- Trial: We will take your claim to trial if settlement negotiations fail. If we believe punitive damages are in order, we recommend going to trial, as punitive damages can only be awarded by a jury.
Damages available in Missouri medical malpractice claims
You are entitled to three types of damages in medical malpractice claims:
- Economic damages, which include all necessary medical care (including future medical needs), lost wages from time missed at work, and loss of earning potential.
- Non-economic damages, including pain and suffering from your injuries, the emotional trauma you experience from the incident, and a diminished quality of life.
- Punitive, or punitive damages, intended to punish the healthcare provider and physician, serve as an example for others who may be tempted to cut corners with patient safety.
Missouri medical malpractice laws you should know about
One of the most important parts of Kansas City’s malpractice laws you need to know about is the statute of limitations. According to Missouri tort law, plaintiffs (the victim or surviving family members) have just two years to file a claim. If you fail to take legal action before the statute of limitations expires, you essentially forfeit your right to file a claim.
However, medical malpractice cases have a few exceptions, especially since the victim may not have realized malpractice happened within two years. This is common when a patient is misdiagnosed, and the doctor fails to treat the patient’s actual illness. Exceptions to the statute of limitations are intended to prevent punishing injured victims from not immediately realizing their injury.
Let’s look at an example of the Missouri discovery rule:
You go to the doctor with shortness of breath, pain, fatigue, and coughing up bloody phlegm. The doctor gives you a cursory examination and decides you may have COVID-19. You rest, but in the following months, your symptoms worsen. Several months later, you go to a different doctor, who discovers that you have lung cancer. You have missed the window where early treatment would do the most good.
In this case, your medical malpractice lawyer may file a claim according to the discovery rule. It essentially starts the two-year statute of limitations from when you discover the malpractice injury (the second doctor appointment), not the initial doctor visit.
This isn’t the only exception to Missouri’s statute of limitations for malpractice claims. Other exemptions include:
- Minors (persons under 18 years old) who suffered medical malpractice have until their 20th birthday to file a medical malpractice claim. This includes birth injury victims.
- Claims against government agencies or employees must be filed with the Office of Administration’s Risk Management Division within 90 days of the injury or discovery of harm.
- If your medical malpractice claim includes a failure to inform (including misdiagnosis), the statute of limitations begins on the date of discovery of misinformation, not the date the misinformation actually occurred (see our above example).
Even if you believe that you have passed the statute of limitations for filing a medical malpractice claim, you may still benefit from talking to a medical malpractice lawyer in Kansas City.
Frequently asked questions about medical malpractice in Kansas City
How much does a medical malpractice lawyer cost?
Each firm sets its own fee structure. At Langdon & Emison, we handle medical malpractice claims on a contingency basis. This allows you access to high-quality legal advice and representation without a large upfront fee. We do not collect legal fees unless we win your case.
What’s the difference between an accident and malpractice?
Accidents happen, and not every patient responds to even the most advanced treatment. However, medical malpractice is characterized by a distinct failure to provide the industry-accepted level of care for a patient.
We prove this by securing expert witness testimony. This includes medical professionals who can attest to the correct level of care a physician should provide when facing a patient presenting symptoms similar to yours. These experts can identify where the physician deviated from that expected standard of care.
I signed a consent form. Can I still file a lawsuit?
Yes. You consented to the procedure, not the malpractice. A consent form does not absolve a doctor or other medical professional from failing to deliver the level of care the industry expects.
Local resources for injured patients in Kansas City
When you work with Langdon & Emison for your medical malpractice claim, you’re in good hands for all your legal matters. We know, though, that many patients and their families have needs and burdens beyond the scope of their claim.
Here are some trusted resources that can aid you and your family as you pursue your malpractice claim:
- Kansas Department of Aging and Disability Services (KDADS) Complaint Hotline: You can report a complaint of patient neglect, abuse, or medical malpractice by calling 800-842-0078
- Missouri Department of Health & Senior Services 24-hour complaint hotline for complaints regarding Missouri hospitals: (800) 392-0210
- National Medical Malpractice Advocacy Association: Nonprofit advocacy association supporting patients after medical malpractice
Are you a victim of medical malpractice? Let’s talk.
Have you or someone you love has been hurt by misdiagnosis or another form of medical malpractice? Langdon & Emison, medical malpractice lawyers in Kansas City, can help you secure the compensation you deserve.
Contact us today at (866) 931-2115 for a free consultation.
