After you have been through an ordeal where a healthcare professional injured you or a loved one, you will want to take action. While many will start a legal process to collect damages from the responsible parties, others want to make sure these individuals cannot harm another patient. How do I report medical malpractice?
In this blog, we will look at how to start the process in the state of Kansas.
Medical Malpractice Can Take Many Forms
If you have suffered from injuries due to a deviation from accepted medical standards, that is medical malpractice. Some of these examples can include:
- Misdiagnosis or delayed diagnosis
- Surgical errors, such as operating on the wrong site
- Medication mistakes, like incorrect dosage
- Failure to obtain informed consent
Remember that not all adverse medical outcomes are considered malpractice. In these cases, the incident must have met these criteria:
- The healthcare provider failed to uphold a standard of care.
- The breach directly caused harm.
- You suffered some type of harm, such as extensive medical bills or pain and suffering.
Reporting Medical Malpractice
Before proceeding, you will need to determine if the incident meets the legal definition of malpractice. For example, a loved one passing away from cancer might not mean that the treating healthcare professional’s actions were negligent. Unfortunately, the cancer could have been an aggressive form of the disease, or another factor was at play.
In these instances, you need to consult with a qualified medical malpractice lawyer as your first step. They can look at the facts of the case to determine the validity of the incident.
Like a personal injury claim, you will also need solid evidence to make a complaint. This can include:
- Medical records and test results
- Documentation of symptoms or injuries
- Bills and receipts related to the treatment
- A journal documenting your experience, pain, or suffering
Along with that, you may need a medical expert opinion to substantiate your claim. These experts, usually in the same field as the provider in question, can evaluate the care and determine whether it fell below accepted standards.
Once you have completed these steps, reach out to the appropriate agencies to report the provider.
File a Complaint with the Kansas State Board of Healing Arts
In Kansas, the State Board of Healing Arts (KSBHA) regulates healthcare providers to make sure they meet professional standards. If you suspect medical malpractice, you can report the issue to the KSBHA by following these steps:
- Access the complaint form: Visit the Kansas State Board of Healing Arts website to download or complete the complaint form online.
- Provide detailed information: Include the healthcare provider’s full name, location, and details of the incident. You will want to use clear language to describe the issue.
- Attach supporting evidence: Submit important documentation, such as medical records, correspondence, or expert opinions, to substantiate your claim.
- Submit your complaint: File the form online or mail it to the KSBHA office at their Topeka address.
Once a complaint is filed, the Board reviews it to determine if an investigation is needed. Investigations may lead to disciplinary actions like reprimands, fines, license suspension, or revocation. However, this process is administrative, so you will not receive financial compensation for your losses.
Alternative Reporting in Kansas
Along with the state board, there are other places to report malpractice. Many healthcare facilities have patient advocacy or risk management teams to handle grievances. You may want to reach out to these departments to resolve disputes without formal complaints.
If the healthcare provider is certified by a professional board, such as the American Board of Medical Specialties, you can report the issue to their certification body.
For complaints involving nursing homes or assisted living facilities, the Kansas Office of the State Long-Term Care Ombudsman addresses concerns related to care quality issues.
File a Medical Malpractice Lawsuit
If you want to seek compensation for your injuries, then you may have to take legal action. In these cases, that could mean filing a lawsuit. First, you and your medical malpractice attorney will need to draft a formal complaint outlining the allegations.
Once that is completed, the defendant is served with legal documents, and they have a right to respond to the claims. In many cases, these claims are settled before trial, but some proceed to court. You will need to speak to your legal counsel to determine what could happen with your case.
Deadlines for Filing a Complaint
In Kansas, the statute of limitations for medical malpractice claims is two years from the date the injury occurred, was discovered, or reasonably should have been discovered. However, Kansas law imposes a strict limit of four years from the date of the malpractice event, regardless of discovery.
There are exceptions, such as cases involving minors or fraudulent concealment by a healthcare provider, which may extend the time to file. Failing to act within these limits bars the right to sue.
Reporting medical malpractice helps to ensure accountability in healthcare. While no process can undo the harm caused by medical negligence, pursuing justice can offer closure and contribute to safer medical practices for others. If you are ready to take legal action. Prochaska, Howell & Prochaska LLC is always here to offer a free consultation for your case.
