When you suffer a devastating illness or injury and the medical professional caring for you was the cause of your condition, you may be able to file a claim against them. Reach out to an experienced medical malpractice lawyer in Kentucky for help.
Everyone knows mistakes happen, but in the healthcare industry, a mistake, even a minor one, can cost a patient their life. When a medical professional of any kind—whether they be a surgeon, physician, nurse, midwife, or other professional—provides care negligently, they can be held accountable through the pursuit of a medical malpractice claim.
However, these types of cases are notoriously difficult in Kentucky, and at a time when you are already struggling to recuperate from a medical error, you’ll likely want a highly trained Kentucky medical malpractice lawyer to help with your case.
At Wilt & Klausing, PLLC, we are passionate about patient care. We want to do our part to assist those who have been wronged by irresponsible caregivers so they can get back to their lives. If we take on your case, you can be sure that your best interests are our top priority.
Understanding Medical Negligence
Understanding what constitutes a medical malpractice claim is important, as there are very specific grounds that will need to be met before a medical malpractice claim can be filed in Kentucky civil court.
First, there is a standard of care that all healthcare providers are required to meet. This standard of care applies to every medical professional in the healthcare industry and essentially describes the level of competency and care a skilled healthcare provider should provide to a patient.
In terms of medical negligence, if a healthcare provider makes a mistake that another medical professional of similar training, education, experience, and skill level would not have made, a case can usually be made for medical malpractice.
Frequently Seen Medical Errors That Require Legal Attention
In the healthcare industry, there are seemingly endless mistakes that could be made at any given moment, some of which occur far more frequently than others. Some of the most commonly seen types of medical errors that result in medical malpractice claims include:
- Surgical instruments being left in a body cavity
- A patient being given the wrong medication
- Failure to order appropriate tests
- A patient being misdiagnosed
- Patients being given the wrong dosage of medication
- Discharging a patient prematurely
- Failure to treat a patient
- Misinterpreting medical test results
- Mistakes during surgery
- Failure to take a patient’s medical history
- Operating on the wrong part of the body
- Failure to provide follow-up care
- Providing unnecessary surgery to a patient
These are just a few of the types of medical errors we see on a regular basis in medical malpractice cases.
If you have been injured or fallen ill due to any of the aforementioned types of medical errors, or if you have suffered due to another type of medical mistake and aren’t sure if you have a case in Kentucky, reach out to our office so we can further discuss the individual details of your potential medical malpractice claim.
The Medical Malpractice Claims Process in Kentucky
Before you can actually file your Kentucky medical malpractice claim, you will first need to submit a complaint to a medical review panel. This is a panel consisting of three healthcare providers and one attorney who review the details of a potential medical malpractice claim.
They consider whether the standard of care was breached by the medical professional in question and if this breach in the standard of care directly or indirectly was responsible for the negative consequences suffered by the patient.
If these points are met, the medical review panel will typically allow the official medical malpractice claim to be filed in the Kentucky civil court system. From there, we will begin negotiating with the insurance company. Many insurers are willing to settle outside of court, as going to court opens up the possibility of their losing even more money. If the insurer and/or the defendant is willing to settle your claim for the full impact of your losses, then we can avoid going to court in Kentucky.
But if the insurer refuses to settle for a fair and reasonable amount, or if they have paid out at the maximum limits of the insured’s policy, then going to court may be in your best interests. Your lawyer can advise you as to which path is most likely to yield a favorable outcome in your case.
Kentucky Medical Malpractice FAQ
At a time when you are having trouble coping with the consequences this medical error has had on your life, you likely have many unanswered questions about what to expect next from your claim.
For this reason, we have provided the answers to some of our most frequently asked questions below so you can better prepare yourself for your medical malpractice lawsuit in Kentucky. If you have additional questions, please reach out to our office directly to set up a free consultation where we can discuss the individual details of your case.
What is informed consent?
Informed consent refers to the discussion you and your treating medical professional should have had prior to your going through surgery, being given medication, or otherwise being treated medically.
This conversation should have described to you the risks of the treatment, any possible adverse reactions or side effects you might experience, and the benefits of moving forward with the suggested treatment. After you have discussed these details with your healthcare provider, you will have had to sign a form giving your informed consent to move forward with the treatment.
This essentially is you indicating that the caregiver has provided you with all relevant information involving your treatment, including risks, benefits, and side effects, and that you have consented to the treatment with this knowledge.
How long do I have to file a medical malpractice claim in Kentucky?
The Kentucky statute of limitations for a medical malpractice lawsuit is only one year from the date that the medical error becomes known. Filing your claim before the statute of limitations expires is of utmost importance, as failure to do so will result in your case being dismissed by the judge.
What damages can I recover in my malpractice claim?
The damages that you can seek recovery of in your medical malpractice lawsuit are quite similar to those of any other type of personal injury claim. These might include your medical costs, loss of income and damage to your earning potential, diminished quality of life, loss of companionship and love, pain and suffering, and emotional distress, to name a few.
Meet with a Medical Malpractice Attorney in Kentucky
If you have reason to believe that you have been a victim of medical malpractice and you are interested in learning more about how a qualified Kentucky medical malpractice lawyer at Wilt & Klausing, PLLC could help you, schedule a free consultation at our firm as soon as possible.
We provide complimentary claim reviews to medical malpractice victims across the state of Kentucky. You can take advantage of this opportunity by filling out the quick contact form we have provided at the bottom of this page or giving our office a call at 502-253-9110.