Once a medical malpractice lawsuit is filed, in most cases, there are four main stages of the litigation.
The first stage is the document and information exchange phase—called written discovery. Each side will send the other side interrogatories, requests for documents, and requests for admissions.
Once those are collected and analyzed, the litigation moves into the second stage—fact discovery. In this stage, depositions of the plaintiff(s) and defendant(s) are conducted.
The third stage is the expert discovery phase. The defendant(s) will take the deposition of plaintiff’s experts and vice versa.
Typically, once expert discovery concludes, the parties will attempt to resolve the case via settlement through a mediation. Should mediation fail, the case moves into the fourth stage, which is trial.
On average, the four stages of a medical malpractice case take about 18 months to two years. Note, however, that the majority of medical malpractice cases in Kansas and Missouri are resolved prior to trial.
If you feel you have been a victim of medical malpractice, do not hesitate to reach out to Shull & Klenda so that they can accurately gauge whether you have a case.
In both Missouri and Kansas, there is a time limit—called the statute of limitations—to bring a medical malpractice lawsuit.
In Missouri, an adult has two years from the date of the negligent treatment to bring suit. If the negligence resulted in death, the plaintiff has three years from the date of the death to file his or her lawsuit. If the negligence was against a minor, that child has 10 years from the date of injury or two years from his or her 18th birthday, whichever is later.
In Kansas, an adult has two years from the date when the injury becomes “reasonably ascertainable.” Likewise, if the negligence resulted in death, an individual has two years from the date of the death.
For minors, the limitations period begins one year after his or her 18th birthday, or eight years after the time of the act giving rise to the cause of action, whichever is earlier.
Once a medical malpractice lawsuit is filed, in most cases, there are four main stages of the litigation.
The first stage is the document and information exchange phase—called written discovery. Each side will send the other side interrogatories, requests for documents, and requests for admissions.
Once those are collected and analyzed, the litigation moves into the second stage—fact discovery. In this stage, depositions of the plaintiff(s) and defendant(s) are conducted.
The third stage is the expert discovery phase. The defendant(s) will take the deposition of plaintiff’s experts and vice versa.
Typically, once expert discovery concludes, the parties will attempt to resolve the case via settlement through a mediation. Should mediation fail, the case moves into the fourth stage, which is trial.
On average, the four stages of a medical malpractice case take about 18 months to two years. Note, however, that the majority of medical malpractice cases in Kansas and Missouri are resolved prior to trial.
If you feel you have been a victim of medical malpractice, do not hesitate to reach out to Shull & Klenda so that they can accurately gauge whether you have a case.
edsores—called pressure ulcers or decubitus ulcers—are wounds that occur to the body when a patient is immobile (such as laying in a hospital bed or sitting in a wheelchair) due to lack of proper blood flow to various regions of the body. The most common areas where bedsores develop are the tailbone, heels, ankles, and hips. Bedsores can develop within hours or days.
There are four main stages of a bedsore:
- Stage I occurs when the skin appears reddened and does not blanch (lose color briefly when you press your finger on it and then remove your finger).
- Stage II occurs when the skin breaks open, wears away, or forms an ulcer, which is usually tender and painful.
- In Stage III bedsores, the sore becomes worse and extends into the tissue beneath the skin, forming a small crater.
- Finally Stage IV—the most severe bedsores—the pressure injury is very deep, reaching into muscle and bone and causing extensive damage. Damage to deeper tissues, tendons, and joints may occur. Stage IV bedsores can cause bone infections called osteomyelitis.
In most cases, bedsores are completely preventable. Healthcare providers are trained to prevent bedsores by constantly repositioning patients so that blood flow can reach the areas of the body where bedsores develop. In fact, the standard of care for nurses is to turn/reposition a patient at risk for bedsores every two hours. Unfortunately, nurses do not always follow this protocol and patients develop bedsores.
If you or a loved one developed bedsores while admitted at a hospital or nursing facility, feel free to reach out to Shull & Klenda, as they have extensive experience litigating bedsore cases.
At Shull & Klenda, we are prepared to take every case to trial. But, we understand that sometimes the best results for our clients is to resolve their case outside of the courtroom. Depending on the type of case, we can make an effort to resolve your personal injury claim without the need to file a lawsuit.
That said, there are times when filing a lawsuit is necessary to properly prosecute your claims.
This is a conversation we have with every client and we are straightforward and honest about our thoughts on whether filing a lawsuit is necessary.
Call us now at 816.905.3405 for a free, no-obligation consultation.
In both Kansas and Missouri, there are essentially three categories of damages. Those include economic, non-economic, and punitive damages. Economic damages are those that you can put a dollar amount on (e.g., medical bills, funeral expenses, lost wages, costs of replacing damaged property).
Non-economic damages are those that compensate for pain and suffering, mental anguish, and emotional distress. Punitive damages are rare in personal injury cases, but those damages are designed to punish a defendant for its conduct.
Call us now at 816.905.3405 for a free, no-obligation case evaluation.
At Shull & Klenda, we can provide you with a reasonable estimate of what we feel your case is worth—whether that is your “best day” at trial and/or a reasonable settlement value of your case.
