We put our trust in hospitals, nursing homes, physicians, nurses, and other medical professionals to diagnose and treat our illnesses, conditions, and disease.
While this not a situation anyone ever wants to be in, victims of malpractice in Kentucky deserve compensation for the harm they suffer.
At David Bryant Law in Louisville KY, our attorneys have the experience it takes to provide you with quality legal representation. We fight for our clients, tackling these complex cases with complex issues.
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Below we provide a broad overview of important aspects of medical malpractice or negligence claims in Kentucky, including examples of medical negligence, common causes, who can face legal liability, what patients can expect in terms of damages, and how a medical malpractice lawyer or law firm pursues malpractice or negligence cases.
Medical malpractice or negligence lawsuits emerge from medical negligence. Hospitals, doctors, and other healthcare professionals have a legal obligation to provide a minimum standard of care to patients. Many negligent acts or omissions qualify as the failure to meet that standard and can lead to injury or death. Some types of malpractice and negligence cases include:
Depending on the setting, the facility, and the doctor or nurse involved, medical malpractice occurs because of a variety of factors. Some common causes, none of which are mutually exclusive, that lead to mistakes and negligence in a medical setting include:
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Doctors and nurses notoriously work long hours. A nurse or doctor may be on call and also put in double shifts. The same goes for nursing assistants who work in long-term nursing care facilities.
Insufficient rest impairs judgment, creates unsteady hands, and leads to fatigue that puts patients and residents at risk for injury, illness, or death because of mistakes.
Alcoholism and drug addiction have no class or education boundaries. A doctor, nurse, and other medical professional can struggle with substance abuse the same as others in society.
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High-stress jobs and access to highly addictive medication also contributes to the problem. Impaired doctors and nurses make life-threatening mistakes when diagnosing, treating, and caring for patients.
Those in critical positions, like surgeons, also need complete training and mentorship to reduce the likelihood of errors before they are allowed to treat patients.
Hospitals have many departments. Miscommunication between them hurts patients, such as in cases of patients transferring between specialists for treatment, or in handoffs from EMTs to emergency department personnel.
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Poor communication is one of the biggest culprits for serious medical errors, such as performing surgeries on the wrong body part or on the wrong patient altogether.
Understaffing leads to neglect; it’s impossible for doctors, nurses, and other personnel to provide the standard of care required when their employers do not provide enough people to do the job.
Depending on the exact circumstances, one or more parties can be named as legally-liable parties in medical malpractice or negligence cases, including:
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Each medical malpractice case is different, so it’s impossible to predict the financial outcome of any lawsuit. An experienced medical malpractice attorney can evaluate your case and give you a ballpark idea of what might be possible.
As a general rule of thumb, the more severe your injury, the higher the value of your claim. With the help of a lawyer, victims of medical malpractice who suffer permanent injury or illness can generally expect to receive more compensation than victims with relatively minor injuries.
If you receive compensation as a result of a settlement or jury award in a medical malpractice lawsuit, you may receive compensation for a wide array of damages related to losses you have incurred as a result of malpractice.
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Prevailing in a malpractice lawsuit generally requires proving some degree of “negligence.” In the context of a medical malpractice claim, medical negligence consists of four legal “elements”:
For a medical malpractice claim to succeed, a lawyer must prove each one of these elements by a preponderance of the evidence, which is the standard of proof for a civil trial.
What this means is that we have to prove that there is a greater than 50% chance that our claim is true if we want to stand a chance of winning the case for our clients.
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A hospital, nursing home, doctor, nurse or other medical professional that agrees to treat a patient has a legal duty of care towards that patient.
This occurs when any of the parties breach their duty towards a patient by falling short of the minimum standard of care they are obligated to provide.
Proving causation almost always requires having medical experts on your side who can explain how the at-fault medical professional’s actions or failure to act directly led to an illness or injury.
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If you think you or a loved one are a victim of medical malpractice or medical negligence in Louisville KY, contact our law firm for a free consultation to review your options. We'll answer your questions and fight to get you the compensation you deserve.
The procedures for pursuing medical malpractice lawsuits vary from state-to-state. In Kentucky, you must file a lawsuit to recover for medical malpractice within one year of the date of injury or the date you discover the injury and its cause.
At the time of filing your lawsuit, you must also file a report from an expert witness who has reviewed the relevant medical records and will testify that the defendant(s) deviated from the standard of care in treating the plaintiff and that such deviation caused the plaintiff injury.
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It is important to act quickly once you discover malpractice as it will take time for your attorney to gather the necessary evidence, consult experts, and file a lawsuit.
Many states place a cap on the amount of compensation a medical malpractice victim or victims can receive for injuries and health complications.
Kentucky does not have a cap on damages for medical malpractice cases, so in principle, a client/patient can recover all the economic and non-economic losses related to the injury or illness sustained.
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Medical malpractice cases in Kentucky are highly complex cases. The best thing you can do when you think you or a loved one has been a victim of medical malpractice is to contact an experienced Louisville medical malpractice lawyer for a free consultation and case evaluation.
You’ll want an attorney in KY who specializes in these types of cases and has the experience — one who will fight the insurance companies on your behalf — to discuss the details of your injury or illness and to provide you with experienced legal advice about the best path forward for your circumstances.
Call our office in Louisville Kentucky if you want to see how our attorneys can help you today with a free consultation about your case.
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I needed an attorney on a short notice due to a serious family emergency. David was referred to me and he immediately responded to my need. I was not disappointed. His professionalism, compassion, patience and responsiveness was first class in every way. The matter was taken care of in an expeditious manner and with the desired outcome. Following this there were several other unexpected family needs and I called David every time. Each time David’s work and personal characteristics were the same if not better. David knee the right people to contact, he was extreme timely and his communication back to me was frequent. If I called him or text him he responded as soon as he was available. The outcomes were all as positive as they could possibly be under each circumstance. Every characteristic of a talented and professional attorney belongs to David. But even more importantly his his personal touch and compassion. I would recommend David Bryant for any legal need anyone would have.
David was excellent throughout the whole process. He alleviated my stress, and explained everything to me in simple terms. Would definitely recommend!
David was a tremendous advocate for my case. Where others saw no chance, David was assured and steadfast. He never wavered against any obstacle and was able to negotiate the best possible solution. I would recommend him any time to anyone.The last thing that anybody should have to worry about when they need to seek medical assistance is that they will be harmed by the careless or negligent actions of a healthcare professional. Unfortunately, medical errors are one of the leading causes of death in the United States. At the Law Offices of Hendy | Johnson | Vaughn | Emery, we are here to help if you or a loved one had been injured due to medical error. Our Louisville medical malpractice lawyers will investigate your case and work to secure any compensation you are entitled to. Send us a message using the online form or dial (859) 578-4444.
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For medical malpractice lawsuits, you need an attorney with vast experience handling complex personal injury cases. The team of Louisville personal injury lawyers at Hendy | Johnson | Vaughn | Emery is ready to get to work.
Medical malpractice cases are notoriously complex, and an injured individual likely does not have the legal experience or resources necessary to properly pursue compensation. A skilled Louisville medical malpractice lawyer will be responsible for every aspect of your case. This includes:
According to researchers at Johns Hopkins University School
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