In most states in the United States, victims of medical malpractice are entitled to sue for pain and suffering. Medical negligence can be difficult to identify, but some common causes include surgery performed incorrectly or on the wrong patient, surgery performed without anesthesia, medication errors during hospitalization due to poor supervision by nurses/nursing assistants, and so on.
If you believe you may be a victim of medical malpractice, speak with a personal injury lawyer about filing a claim in Kentucky.
Kentucky Statute of Limitations on Medical Malpractice
The statute of limitations on medical malpractice is one year. This includes the time that has passed since the injury was incurred or, in some cases, from when it was discovered by the victim. Generally, you should file a claim or lawsuit within one year of the medical malpractice.
Common Medical Malpractices You Can Sue for in Kentucky
According to the Kentucky Board of Medical Licensure, most medical malpractice lawsuits stem from a failure on behalf of a doctor or nurse practitioner to meet expected standards for care. This includes:
- Misdiagnosis or delayed diagnosis
- Failure to treat
- Wrong prescriptions
- Childbirth injuries
- Procedural blunders
How Do I Prove Pain and Suffering?
One of the more challenging aspects of filing a medical malpractice suit is that there has to be evidence proving pain, suffering, and emotional distress. While this may seem challenging, this is not the case if you have an experienced medical malpractice lawyer by your side.
The attorney will assess the situation and seek out evidence to prove that your injuries would have not occurred or been as severe had it not been for negligence on the part of a medical professional. These might include:
- Multiple doctor visits
- Chronic pain and suffering
- Loss of income
- Permanent injuries
- Costs associated with continuing medical treatment
- Mental anguish
- Loss of enjoyment in life-related activities
Who Should Be Held Responsible for Your Pain and Suffering?
In most cases, there is more than one party that can be held responsible for your pain and suffering. The following parties or others may be held accountable:
- Hospital or medical center
- Physician or nurse practitioner
- The insurance company that provides coverage for the doctor/medical facility
- Drug companies produce medications with harmful side effects
- Medical equipment suppliers (if your medical device malfunctioned)
If you believe that your doctor or medical professional failed to meet the expected standards for care, then it is in your best interests to consider filing a medical malpractice claim. A successful claim will not only compensate you financially for pain and suffering but also hold negligent parties accountable so that they are unable to harm others in future cases.
Contact a Kentucky Medical Malpractice Lawyer
Suing for medical malpractice is sometimes the only way to get justice for you or your loved one. At Wilt and Associates, PLLC, we have experienced medical malpractice lawyers who have the knowledge and expertise to help you file a claim.