What We Handle
Medical Malpractice
When something goes wrong in your medical care.
What medical malpractice actually means
Medical malpractice occurs when a healthcare provider — doctor, surgeon, nurse, hospital, or clinic — fails to meet the standard of care expected of a qualified professional in their field, and that failure causes harm. The standard isn't perfection — it's what a reasonably competent peer would have done in the same situation.
Not every bad medical outcome is malpractice. Medicine involves risk. But when a provider's negligence — not just bad luck — causes injury, the law provides a path to accountability. Both Missouri and Kansas have specific procedural requirements that must be followed before filing.
What it takes to have a case
1. Duty
A provider-patient relationship existed, establishing a duty of care. This arises when a doctor agrees to treat you, a hospital admits you, or a specialist accepts a referral.
2. Breach
The provider failed to use the degree of skill and care ordinarily used by competent professionals in the same field. This is measured against the standard of care — what a qualified peer would have done.
3. Causation
The provider's failure directly caused or substantially contributed to the injury. This often requires expert testimony linking the breach to the harm.
4. Damages
Documented harm — physical injury, additional medical costs, lost income, pain and suffering, or wrongful death.
What we handle within medical malpractice
Every situation is different. Here are the most common types we see.
Surgical Errors
Wrong-site surgery, retained instruments, anesthesia errors, and post-operative complications from negligent care.
Diagnostic Errors
Missed, delayed, or incorrect diagnoses — cancer, heart attack, stroke, infection.
Medication Errors
Wrong drug, wrong dose, dangerous interactions, or failure to monitor side effects.
Birth Injuries
Injuries to mother or child during pregnancy, labor, or delivery caused by provider negligence.
Hospital Negligence
Systemic failures — understaffing, inadequate protocols, hospital-acquired infections, falls.
Emergency Room Errors
Misdiagnosis, delayed treatment, or premature discharge from emergency departments.
Missouri vs. Kansas: the rules that matter
Kansas City straddles the state line. Which state's law applies depends on where the incident occurred.
Missouri
- •Statute of limitations: 2 years — RSMo § 516.105
- •10-year absolute statute of repose
- •Affidavit of merit required before filing — RSMo § 538.225
- •Noneconomic damage cap: $400,000 standard / $700,000 catastrophic — RSMo § 538.210
- •Caps increase by 1.7% annually for inflation
- •Pure comparative fault applies — RSMo § 537.765
Kansas
- •Statute of limitations: 2 years — KSA § 60-513(c)
- •4-year absolute statute of repose
- •Pre-suit screening panel required — KSA § 65-4901
- •Noneconomic damage cap: $350,000 — KSA § 60-19a02
- •Expert must devote 50%+ of professional time to clinical practice in same field
- •Modified comparative fault — 50% bar — KSA § 60-258a
Not sure which state's rules apply? Tell us where it happened →
What an investigation looks like
Initial conversation — Free. We listen to what happened and assess whether the facts suggest a departure from the standard of care.
Medical records collection — Complete records from all treating providers, including imaging, lab results, operative notes, and nursing charts.
Expert medical review — A qualified physician in the same specialty reviews the records and provides a written opinion on whether the standard of care was met.
Affidavit of merit / screening panel — Missouri requires an affidavit; Kansas requires a pre-suit screening panel hearing. Both must be completed before filing.
Demand or filing — Pre-suit demand to the provider's malpractice insurer; petition filed if settlement cannot be reached.
Resolution — Settlement, mediation, or trial. Medical malpractice trials require expert testimony and careful presentation of complex medical evidence.
What it costs
Yonke Law works on a contingency basis. There is no fee unless we recover compensation for you. The percentage is agreed in writing before any work begins. Your initial consultation is always free. No hourly rates. No retainers. No surprise bills.
What a medical malpractice case is actually worth
There's no honest one-line answer. Value depends on the facts of your situation.
Economic Damages
- •Past and future medical expenses
- •Corrective surgeries and ongoing treatment
- •Lost wages and earning capacity
- •Life care planning for catastrophic injuries
Non-Economic Damages
- •Pain and suffering (subject to statutory caps)
- •Loss of enjoyment of life
- •Disfigurement
- •Loss of consortium
A consultation gives you a real assessment based on your situation — not a stock answer.
Who You'll Work With
Michael T. Yonke
Top 25 Medical Malpractice Trial Lawyer. Keenan Trial Institute faculty. Extensive experience with surgical errors, diagnostic failures, and hospital negligence.
Mike founded Yonke Law in 2001 after years of seeing how large firms treated the people they were supposed to protect. Every case at Yonke Law is handled directly by Mike and his team — not passed to associates or outsourced to contract attorneys.
When it comes to medical malpractice, Mike brings decades of focused trial experience, a network of trusted medical and technical experts, and a straightforward approach: understand the facts, build the case, and prepare for trial even if the goal is settlement.
More about Mike and the team →Common questions
What is an affidavit of merit?
In Missouri, before filing a medical malpractice lawsuit, your attorney must file a sworn statement that a qualified healthcare provider has reviewed the case and believes the standard of care was breached (RSMo § 538.225).
What if the doctor said the complication was a known risk?
Informed consent covers known risks — but only if the provider adequately explained them AND the injury resulted from the risk itself, not from negligence in performing the procedure.
Can I sue the hospital or just the doctor?
Both may be liable. Hospitals can be directly liable for systemic failures (understaffing, inadequate protocols) and vicariously liable for the negligence of employed physicians.
Are there damage caps in medical malpractice cases?
Yes. Missouri caps noneconomic damages at $400,000 (standard) or $700,000 (catastrophic) under RSMo § 538.210. Kansas caps them at $350,000 under KSA § 60-19a02. No caps on economic damages.
How long do I have to file?
2 years in both Missouri and Kansas. Missouri has a 10-year statute of repose; Kansas has a 4-year repose. The clock starts from the date of the negligent act or discovery of the injury.
What if a VA hospital was involved?
Claims against federal facilities like VA hospitals fall under the Federal Tort Claims Act (FTCA), which has its own notice requirements and shorter deadlines. Legal counsel should be engaged immediately.
Printable
Personal Injury Checklist
Essential steps to protect your health, your rights, and your claim. Covers what to gather, who to contact, and the deadlines that matter for your medical malpractice case.
Download the checklist (PDF) ↓Or — Walk Through It Digitally
Start Your Case Review
Answer a few questions about your situation. Your responses are saved and become the start of your case file if you proceed.
Start the digital intake →Ready to talk about your medical malpractice case?
Free consultation. No fee unless we recover.
