If you became injured or ill due to a medical error by your healthcare provider, you may be entitled to financial compensation. Contact a respected medical malpractice lawyer in Louisville for help with your potential claim.
There is a big difference between mistakes in the medical field and mistakes in other industries. Even the slightest error while working in healthcare can result in severe injury or illness. When you suspect that medical malpractice may have caused or worsened your condition, it may be in your best interests to discuss your case further with a highly qualified Louisville medical malpractice lawyer at Wilt & Klausing, PLLC.
Our firm takes medical negligence very seriously, and it is our goal to make an example of every irresponsible medical professional who causes our Louisville clients to suffer. If we take on your case, you can rest easier knowing our team of attorneys are doing everything possible to obtain maximum compensation for all you’ve been through.
Common Types of Medical Malpractice in Kentucky
At this point, your main concern is more than likely whether you have grounds for a medical malpractice claim in Louisville. The burden of proof in Kentucky medical malpractice lawsuits comes down to the medical standard of care. The concern has two parts: one, if the medical standard of care was breached, and, if it was, if the breach was the cause of the negative consequences felt by the patient.
These points will need to be carefully reviewed by a medical review panel consisting of one attorney and three healthcare providers before you are able to file your claim in the Louisville civil court system. The good news is that if they give the go-ahead for your lawsuit, their opinion can be entered into evidence as an expert opinion, which can only help your malpractice case.
There are many different ways healthcare professionals can make mistakes, and while it may be okay for employees in other industries to make mistakes, in the medical field, mistakes sometimes cost people their lives.
With that being said, some types of medical malpractice occur more frequently than others. Some of the most commonly seen types of medical errors that warrant the pursuit of a medical malpractice lawsuit include:
- Failure to treat
- Failure to diagnose
- Failure to interpret test results
- Surgical errors
- Failure to take a patient history
- Performing unnecessary surgery
- Medication dosage errors
Kentucky’s Medical Negligence Statute of Limitations
Though seemingly a small part of the medical malpractice claims process, the statute of limitations is still one of the most important aspects of your Louisville lawsuit, as you will lose the opportunity to obtain full compensation for your suffering if your claim isn’t filed before the statute of limitations runs out.
For medical malpractice claims, patients have just one year from the date that they become injured or ill, or from the date that they discover the medical error, to go through the medical review panel and file their medical malpractice claim. If you attempt to file after this deadline has passed, the judge will have no other choice but to dismiss your Louisville case.
It is important to note that it can take years before a medical error is discovered. The statute of repose matters here, because it sets a limit for how long a medical malpractice claim can be filed without regard for patient discovery.
In Kentucky, the medical malpractice statute of repose is five years. This means that no matter when you find out a medical error has harmed you, if five years have passed since the error occurred, you won’t have a case.
Damages You May Be Able to Recover in Your Malpractice Lawsuit
It is quite common for those who have suffered from medical negligence to wonder how much they can expect to recover if they pursue a medical malpractice lawsuit. The truth is, every case is different, and there is no specific amount that medical malpractice victims are entitled to recover.
Instead, the amount that your claim is worth will largely depend on the various ways your life has been negatively impacted by the medical error in question. The more serious of an impact, the more you can expect to be awarded. Some of the different losses that your attorney may take into consideration when calculating the value of your Louisville medical malpractice claim include:
- Lost wages
- Pain and suffering
- Mental anguish
- Damage to your earning potential
- Loss of enjoyment of life
- Loss of consortium
- Loss of household services
- Healthcare costs
In medical malpractice cases, there is also a chance that you could be awarded punitive damages. These are only awarded by a judge in situations where the Louisville courts want to both punish the defendant by making an example of them and prevent similar instances from occurring in the future.
Punitive damages are awarded above and beyond the value of a medical malpractice claim and will only be issued if the judge finds that the defendant was intentionally trying to cause a patient harm or if their actions were so egregious that a punitive damages award is appropriate.
Louisville Medical Malpractice FAQ
The thought of going to court while you are still dealing with the negative impact that your healthcare provider’s negligence has had on your life can seem like too big of a burden to bear.
We understand how overwhelmed you may be feeling, and in the hopes of easing your mind, we have answered some of the most frequently asked questions our former clients have had in regard to the medical malpractice claims process in Louisville. If you have more questions that haven’t been answered on this page, contact our office to set up your free claim review.
How long does it take to receive a medical malpractice settlement in Louisville?
That’s a difficult question to answer, as every Louisville case is different and there are any number of factors that could contribute to the length of your medical malpractice claim.
If the insurance company agreed to settle your claim out of court, for example, you could receive your settlement in as few as a couple of months. If you had to go to court, however, you could reasonably expect to wait as much as a couple of years before receiving a medical malpractice settlement.
What if I signed a consent form?
Any consent form you signed simply acknowledged that your Louisville healthcare provider informed you of the benefits, risks, and side effects of the treatment you were being given or undergoing.
Giving your informed consent doesn’t mean that the medical team won’t make an error that could cost you dearly. In fact, when something goes wrong that was not described as a possibility when you gave your consent, this could be further evidence of medical malpractice.
Who will I sue if I suspect medical negligence in Louisville?
That really depends on who is responsible for causing you to be injured or ill. Nearly anyone who was involved in your treatment or care is subject to investigation. Some of the most common medical professionals named in medical malpractice claims include nurses, midwives, physicians, surgeons, obstetricians, pediatricians, and hospitals, to name a few.
Get Help from a Medical Malpractice Lawyer in Louisville
If you are interested in learning more about what opportunities you might have for recovery of your physical, emotional, and financial losses, get in touch with an experienced Louisville medical malpractice lawyer at Wilt & Klausing, PLLC. We can be reached by phone at 502-253-9110 or via the quick submission form included below when you are ready to set up your free claim review.