Interaction with medical professionals at all levels is a fact of life for almost everyone. Whether taking the kids for a routine checkup at the pediatrician’s office or undergoing major surgery, most individuals have at least some contact with doctors, nurses and other healthcare providers on a fairly regular basis.
Common to these events is the high degree of trust and reliance patients must place in the education, experience, skill, and judgment of such practitioners, which, in most cases, is completely justifiable. However, each year there are an unacceptable number of circumstances in which medical errors are in fact made, and devastating consequences follow. A Louisville medical malpractice lawyer can help you obtain compensation for these medical errors.
Diagnostic mistakes, surgical mishaps and other types of negligence can and do result in profound, sometimes life-changing harm to patients and their families.
When this is the case, a Louisville injury lawyer is prepared to help victims assert their rights and fight for the accountability and compensation they deserve.
Basics of Medical Malpractice
It is wise for those who suspect they may have been the victim of medical malpractice to acquaint themselves with the fundamentals of such a claim. First, for a plaintiff to prevail in such an action, he or she will need to have experienced actual harm due to a physician or other provider’s failure to meet the prevailing standard of medical care under the circumstances in question.
Mere dissatisfaction with the outcome of a particular treatment is insufficient on its own to secure compensation. A Kentucky medical negligence attorney will also need to demonstrate that the defendant’s conduct fell beneath the accepted level of professional skill, judgment, and competence demanded by the situation at hand.
A medical malpractice plaintiff needs to prove that a doctor-patient relationship was in existence at the time of alleged harm, that the healthcare practitioner did not live up to the appropriate standard of care and that the injuries suffered were directly caused by that failure.
Because each case of this nature is distinct, it is essential for a malpractice attorney to work in concert with medical experts, eyewitnesses, economic loss analysts, investigators, and support staff to marshal the strongest possible case on a client’s behalf.
Common Malpractice Scenarios in Kentucky
With an ever-increasing number of medical specialties and practice areas coming into existence, it is not surprising that the contexts in which malpractice can occur are virtually limitless. That said, however, there do seem to be certain categories of claims which present themselves more often than others.
As reported in the Journal of the American Medical Association, problems with medical diagnoses are raised in nearly 20 percent of all medical malpractice actions. Other commonly-seen injuries forming the basis of malpractice lawsuits include those resulting from:
- Mishandled labor and delivery
- Surgical mistakes
- Errors in the administration of drugs
- Negligent management of anesthesia
- Hospital design or maintenance negligence
- Misread laboratory tests
- Delayed or missed diagnoses
- Lack of post-operative monitoring
Filing a Kentucky Medical Malpractice Lawsuit
An alarming number of individuals are left with a lifetime of challenges due to the medical negligence of those to whom they entrusted their care. Facing unanticipated emotional, physical and financial burdens, many families are left wondering how they will manage the medical bills, physical therapy expenses, lost wages and other mounting losses.
A medical malpractice lawyer can prove invaluable in terms of reviewing the facts of a prospective case, providing keen insights regarding legal strategy and ensuring compliance with the strict statute of limitations provided by Ky. Rev. Stat. §413.140(1)(e), which states that all such actions be brought within one year of their occurrence or the date on which the injury should reasonably have been discovered.
Patients and families who have been seriously harmed by medical malpractice may be able to recover payment meant to compensate them for:
- Emotional trauma
- Physical suffering
- Current, past and present medical bills
- Rehabilitation and therapy costs
- Reduced earning capacity and lost wages
- Loss of financial support for dependents
- Funeral expenses, where needed
Seeking Justice for Medical Malpractice Victims
The feeling of sheer betrayal experienced by those harmed by medical negligence simply cannot be overstated. Egregious departures from the prevailing standard of care can and do cause devastation to entire families, and victims deserve aggressive legal representation. To discuss your case with a Louisville medical malpractice lawyer, contact our firm today.