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Kansas Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Kansas on
Q: When would the statute of limitations begin the date the doctor committed the first act of malpractice

Or if the doctor attempted to cover up his mistake and it was not found until later date would that date be considered the start of the time for limitations?

David Adams
PREMIUM
David Adams
answered on Apr 25, 2023

As a general rule, the two year statute of limitations starts to run from the first day that the injured person could have reasonably discovered that the negligence occurred. If the doctor covered up his negligence, then there is likely a strong argument that the two years does not start to run... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Kansas on
Q: My mom had a hysterectomy and surgeon perforated her small bowel. She went septic. Could this be malpractice?

My mom had a hysterectomy and the surgeon perforated her small bowel . Afterwards she went septic and into organ failure. She has had multiple surgeries and is leaking bile . Could you please advise ? Thank you

Joel Gary Selik
Joel Gary Selik
answered on Apr 8, 2023

Yes, it could be malpractice. Perforation of the bowel can happen with, or without malpractice. A perforation alone does not indicate malpractice.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to...
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1 Answer | Asked in Medical Malpractice for Kansas on
Q: can lawyer's from Ks. work on a case from another state?

I had a surgery in Nebraska but live in Ks. and I need a lawyer.

Joel Gary Selik
Joel Gary Selik
answered on Jun 13, 2023

Yes, but will need an attorney licensed in the State to sponsor and co-counsel.

1 Answer | Asked in Medical Malpractice for Kansas on
Q: Is there a Kansas Statute that protects elders from excess medical treatment and over-treatment of medications?

Is there a Kansas Statute that protects patients from the "statute of limitation" clock when a doctor covers up his or her mistakes in order for the statute of limitations to run out?If so, could you provide some cases?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2020

A Kansas attorney could advise best, but your question remains open for five weeks. As a GENERAL premise, what you describe is the extension of a statute of limitations of a case based on the doctrine of discovery when concealment or other forms of fraud are involved. Since your post remains open... View More

1 Answer | Asked in Medical Malpractice for Kansas on
Q: I went to St Joseph’s emergency room. with a swollen leg and in pain. They did an ultra sound to see if I had a blood c

Clot. I was told I didn’t have one. 3 days later with horrible pain. I went to my doctor. I was told St Joseph’s did the wrong ultra sound to find a blood clot. After an ultra sound at St Luke’s I did have a clot. I was sent to St Luke’s emergency room. Do I have a case against St Joseph hospital.

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2020

I'm sorry for your ordeal. It's difficult to answer your question based on these brief facts. You could consult with a Kansas med mal attorney who could request your medical records and review them with a medical professional. A jury is not going to go by, "they did the wrong... View More

1 Answer | Asked in Medical Malpractice for Kansas on
Q: I went to St Joseph emergency room with a swollen leg and in pain.

They did an ultra sound looking for a blood clot. I was told I didn’t have one. I went to my primary doctor three days later. The pain was getting worse by the day. I said it was a 7 if touched 10. When my doctor got the results from

St Josephs found out they did the wrong ultra sound to... View More

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2020

There wasn't a question here, but your post remains open for three weeks. If you're wondering whether you have the grounds for a case, a good first step toward answering that question would be to contact a Kansas med mal attorney and discuss the matter in greater detail. If an attorney... View More

1 Answer | Asked in Medical Malpractice for Kansas on
Q: where can I look up my case number?

I got a suspicious phone call from a man saying he was from the DAG (dept of the attorney general) with the case number 252625-18 regarding a complaint that has been forwarded to his office, stating he needed to speak with me in regards to the matter

Peter N. Munsing
Peter N. Munsing
answered on Jul 25, 2018

You can call your state Attorney General. It sounds like a scam. Most AG's offices don't call themselves "Department of the Attorney General, " for one thing. It would be "This is Jane Doe with the Kansas Attorney General's office of ______________________"

1 Answer | Asked in Medical Malpractice for Kansas on
Q: Would I be within the statue of limitation for medical malpractice

My surgery was October 9, 2015, the surgeon stated it could take up to a year for the nerve to be healed and feeling come back to my leg. In October 2016 an Emg test was done showing Denerevation at the L5 level and foot drop. A 2nd opinion by another Neuro surgeon stated that if I had non of the... View More

David Adams
PREMIUM
David Adams
answered on Dec 25, 2017

There is only a two year statute of limitations in Kansas. This date can be considered to run from the date that you were first able to discover that malpractice had been committed. There might still be some time left to get a case on file in your case. Please consult an attorney immediately.... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Kansas on
Q: If your doctor prescribes you a medications that is on your files that you are allergic to it and he is aware of it.

Would it be a lawsuit if your doctor prescribes you a medication that is on your files knowing that you are allergic to it and if it is what kind

David Adams
PREMIUM
David Adams
answered on Oct 11, 2017

The doctor should be liable if they prescribe a medicine that you are known to be allergic to. The bigger question might become, "what are the extent of damages?" If the medicine did not cause a more serious medical event or problem, then it would likely be hard for a lawyer to justify... View More

1 Answer | Asked in Medical Malpractice for Kansas on
Q: Is this medical negligence?

I had lung surgery to remove a lung nodule in March and the tissue sample was ordered by my infectious disease doctor for out of state testing at Mayo clinic and University of Seattle. It's being 3months now and the sample never got sent for testing, my infectious disease doctor made numerous... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

It may be but not actionable as you'd have to show harm. Talk to your doctor about next steps. Do not mention any legal action or your own doctor may freeze.

2 Answers | Asked in Medical Malpractice for Kansas on
Q: Looking into a case against my sons dr. She almost killed him with a misdiagnosis. Can I sue?

Took my son to dr for sick visit, dr on call diagnosed him as a fussy baby. He actually was dehydrated and had super rapid heartbeat, she sent us home. 2 days later life flighted to Childrens Mercy with multiply organ failure and almost died. He has SVT, diagnosed by Cardio dr. Happened Nov 2015,... View More

David Adams
PREMIUM
David Adams
answered on Jun 5, 2017

Liability will depend on what the original doctor should have been able to diagnose, and what effect the delayed diagnosis had on the eventual problems your son developed. These cases often require review from another medical expert in the field. You can contact my office or another attorney that... View More

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1 Answer | Asked in Medical Malpractice for Kansas on
Q: How is it ok for doctors to decide if you get treatment or not? To me a 9mm kidney stone needs treatment.

Theres a lot more. I asked for numbing cream cause im terrified of needles. I was denied. I freaked out. The doctor gave me meds that made me hallucinate which was unnecessary even tho i was freaking out. A pap smear was done and CT scan was done on my stomach. I remember and my husband remembers... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2017

It's up to a doctor to decide what needs treatment and how. If you don't like the tretment, you may find another doctor.

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