According to the National Practitioner Data Bank (NPDB), there were 8,493 medical malpractice payment reports in 2022 alone, many of which involved more than one potentially liable party. One of the first questions victims wonder is whether the claim should be brought against the doctor, the hospital, or both. Missing a responsible party can significantly affect the compensation available to an injured patient.
At Double Eagle Injury Law, we represent clients throughout both Kansas and Missouri and help families identify every liable party before filing a claim. We’ll go over the basics of what a medical malpractice lawsuit is and who you can file against.
What Is a Medical Malpractice Lawsuit?
A medical malpractice lawsuit is a civil legal claim filed when a healthcare provider fails to meet the accepted standard of care, and that failure causes injury to a patient. Whether the case arises in Kansas or Missouri, lawyers generally must prove four key elements:
- A doctor-patient relationship existed.
- The provider failed to meet the accepted standard of care.
- That failure directly caused injury.
- The injury resulted in measurable damages.
These requirements apply whether the claim involves a physician, nurse, hospital, or other healthcare professional. A successful claim may allow a patient to recover compensation for medical expenses, lost income, future treatment needs, pain and suffering, and other losses.
What Counts as Medical Negligence?
Not every poor medical outcome qualifies as malpractice. Medicine involves risks, and complications can occur even when providers act appropriately.
For example, a surgical complication may not be negligence if it was a known risk that was properly disclosed beforehand. On the other hand, leaving a surgical instrument inside a patient after surgery may strongly indicate negligence.
Similarly, a missed diagnosis isn’t automatically malpractice unless another reasonably competent provider would likely have reached the correct diagnosis under the same circumstances.
Who Can Be Named as a Defendant in a Medical Malpractice Lawsuit?
Kansas and Missouri both allow plaintiffs to pursue claims against multiple defendants in the same lawsuit. A jury may then allocate fault among the responsible parties.
Potential defendants may include:
- Treating physicians
- Surgeons
- Anesthesiologists
- Nurses and nurse practitioners
- Hospitals and health systems
- Physician staffing agencies
- Clinics and outpatient surgical centers
- Pharmacists and pharmacies
Doctor vs. Hospital — Who Is Actually Liable?
According to NPDB data, physicians accounted for approximately 55.7% of malpractice payment reports in 2022, while hospitals and healthcare entities accounted for approximately 44.3% combined.
When to Sue the Doctor Directly
A doctor may be the primary defendant if:
- The negligence resulted from a clinical decision
- A surgical error occurred
- A prescription mistake caused harm
- The physician operated independently from the hospital
- The injury stemmed primarily from the doctor’s actions
Many physicians practicing at Kansas City hospitals maintain independent practices and are not direct employees of the hospital. In those situations, claims often focus on the physician and potentially the physician’s medical group.
When to Sue the Hospital
Hospitals can face liability under two primary theories.
First, they may be directly liable for their OWN negligence. Examples include:
- Inadequate staffing levels
- Failure to maintain equipment
- Credentialing unqualified physicians
- Poor supervision of staff
- Failure to respond to deteriorating patient conditions
Second, hospitals may be vicariously liable for negligent acts committed by employees, including nurses, technicians, residents, and employed physicians.
The Independent Contractor Trap
One of the most misunderstood issues in medical malpractice litigation involves independent contractor physicians.
Hospitals frequently classify emergency room physicians, radiologists, anesthesiologists, and hospitalists as independent contractors rather than employees. They often do this because it can limit institutional liability.
However, the label alone doesn’t always control the outcome.
Kansas and Missouri courts may consider whether the patient reasonably believed the physician was acting on behalf of the hospital. This concept is often called apparent agency or ostensible agency.
Factors that may support hospital liability include:
- The physician wore hospital identification
- The patient had no meaningful choice of provider
- Treatment occurred entirely within the hospital setting
- The hospital presented the physician as part of its medical team
How a Medical Malpractice Lawsuit Works in Kansas City
Both Kansas and Missouri generally impose a two-year statute of limitations for medical malpractice claims. Kansas also has a four-year statute of repose that can permanently bar claims even if the injury is discovered later.
Here’s a quick look at how this process works:
Step 1 — Get Medical Records and Establish the Timeline
The first step in filing a medical malpractice lawsuit is obtaining complete medical records from every provider involved. Medical records establish:
- What treatment occurred
- When it occurred
- Who provided the treatment
- What decisions were documented
Under HIPAA, patients generally have a right to receive their records within 30 days of making a request.
Step 2 — Expert Review and Filing the Complaint
Medical malpractice cases depend heavily on expert testimony.
In Kansas and Missouri, plaintiffs generally must obtain support from a qualified medical expert before moving forward with litigation. After expert review, the complaint is filed and identifies all defendants, whether they are doctors, hospitals, clinics, or other healthcare providers.
Step 3 — Discovery, Negotiation, and Trial
Discovery is usually the longest phase of a medical malpractice lawsuit process. During this phase, both sides:
- Exchange evidence
- Review medical records
- Conduct witness depositions
- Retain expert witnesses
Many cases resolve through settlement before trial. According to NPDB data, approximately 93% of malpractice payment reports result from settlements rather than jury verdicts.
Mistakes That Can Sink a Medical Malpractice Case
- Naming the Wrong Defendant: Many patients focus only on the doctor involved in their treatment. However, hospitals, clinics, staffing agencies, or other healthcare providers may also share responsibility. Failing to identify all liable parties can significantly reduce the compensation available in a claim.
- Missing the Filing Deadline: Kansas and Missouri both have strict statutes of limitations for medical malpractice lawsuits. Waiting too long to speak with an attorney or investigate a claim can permanently bar your right to recover compensation.
- Signing a Release Too Quickly: Insurance companies or healthcare providers may offer an early settlement before the full extent of your injuries is known. Signing a release too soon could waive your right to pursue additional claims against other responsible parties.
- Failing to Preserve Evidence: Medical records, provider communications, medication packaging, billing records, photographs, and other documentation can become critical evidence. Preserving these materials early can strengthen your case and help establish liability.
- Assuming Every Bad Outcome Is Malpractice: Not every complication, unsuccessful treatment, or adverse outcome results from negligence. A qualified medical expert must be able to determine whether a healthcare provider failed to meet the accepted standard of care before a malpractice claim can succeed.
Need Help Determining Who’s Liable?
Determining whether to sue a doctor, a hospital, or both is one of the most important decisions in a medical malpractice lawsuit. Understanding the standard of care, identifying all potentially responsible parties, and following the correct legal process are critical steps toward protecting your right to compensation.
At Double Eagle Injury Law, we help injured patients and families throughout Kansas City navigate complex medical malpractice claims with confidence. Our team understands the legal differences on both sides of the state line and works to uncover every source of liability so clients can pursue the full compensation they deserve.
From wrongful death claims to traumatic brain injury cases, we’re here to help you understand your options and take the next step forward. Get in touch with us today to schedule a free consultation.
FAQs About Medical Malpractice Lawsuits in Kansas City
Can you sue both a doctor and a hospital in the same lawsuit?
Yes. Kansas and Missouri allow plaintiffs to pursue claims against multiple defendants in a single case. Fault can then be allocated among the responsible parties.
How long does a medical malpractice lawsuit take in Kansas City?
Most cases take between two and four years to resolve. Settlement timelines vary based on the complexity of the case and the number of defendants involved.
What is the statute of limitations for medical malpractice in Kansas and Missouri?
Both states generally impose a two-year filing deadline. Kansas also has a four-year statute of repose that may apply regardless of when the injury is discovered.
Does Kansas cap medical malpractice damages?
Yes. Kansas caps certain non-economic damages. Economic damages, such as medical expenses and lost income, are generally not subject to the same limitations. Missouri follows different rules.
What does a medical malpractice attorney do that I can’t do myself?
Medical malpractice claims require expert review, extensive investigation, identification of all liable parties, and compliance with complex procedural rules. An attorney for a medical malpractice lawsuit helps build the strongest possible case from the start.