Did you trust your doctor to help you, only to suffer more harm? Each year, healthcare providers harm many patients. In fact, medical error is the third leading cause of death in the US, killing 250,000 Americans each year.
Doctors, nurses, and other healthcare providers sometimes practice in ways that cause more harm than healing. If you have been a victim of such negligent practice, you may be able to sue. At Gerling Law, our knowledgeable attorneys fight for victims of medical negligence. Call us for a free consultation, or keep reading to learn more about medical malpractice in Kentucky.
Kentucky Medical Malpractice: Do I Have a Case?
If a healthcare provider harmed you, they could be liable for medical malpractice. To prove that a healthcare provider is liable for medical malpractice, you must meet these elements.
Deviated from Standard of Care
First, you need to show that the healthcare provider deviated from the standard of care. This means the provider did act like a reasonably competent provider would in the same circumstance.
Medical Negligence Caused Injury
Next, you must show how this medical negligence injured you. Even if multiple factors caused your injury, a healthcare provider can be liable if their actions were a substantial factor in your injury. Family members can also show how medical negligence led to a loved one’s death.
You must also have damages, or injuries that can be compensated by the court. Medical malpractice lawsuits can be expensive, requiring investigation and expert testimony. If you sustained only a minor injury from medical negligence, it may not be worth suing.
What Constitutes Medical Malpractice in Kentucky?
Medical malpractice happens when a doctor, nurse, or other healthcare professional acts negligently. This means that a healthcare professional doesn’t show a patient reasonable care and the patient suffers harm.
Medical malpractice might occur from the following actions:
- A doctor fails to diagnose a patient correctly;
- A nurse gives a patient an inaccurate dose of medication;
- A pharmacist fills a prescription with the wrong drug;
- A doctor fails to order necessary testing;
- A doctor performs unnecessary surgery; or
- A hospital hires a doctor without adequate licensing to practice.
These are only a few of the medical malpractice scenarios that harm patients. If you have suffered physically, emotionally, or financially from a healthcare professional’s action, contact us to see if you have grounds for a lawsuit.
Why Do I Need a Lawyer for Medical Malpractice?
If you have been injured by a healthcare provider, you need an attorney. Medical professionals and intimidating insurance companies will challenge your lawsuit. You need experienced, knowledgeable legal professionals on your side. At Gerling Law, insurance companies don’t intimidate us. We will fight for the compensation you need.
When you file a medical malpractice lawsuit, you can recover compensation for your injuries. This compensation can provide for you and your family while you try to move on with your life. However, filing a medical malpractice lawsuit also helps other patients. When you hold healthcare providers accountable for their negligent actions, it may force them to change irresponsible practices. You can work with our lawyers for medical malpractice to protect other patients from suffering harm.
What Our Lawyers Do For You
When you contact Gerling Law for a free consultation, our medical malpractice attorneys will meet with you to learn your story and let you know how we can help. Our medical malpractice attorneys will complete the following steps as we fight for your right to injury compensation:
- Investigate your medical experience;
- Gather evidence supporting your claim;
- Calculate all potential damages;
- File a claim with a medical review panel;
- Hire expert witnesses;
- File a medical malpractice lawsuit;
- Negotiate with the insurance company in an attempt to settle; and
- Take your case to trial if settlement talks stall.
You should hire a medical malpractice attorney who is willing to take your case to trial. At Gerling Law, we try to obtain a maximum offer through settlement negotiations. However, when insurance companies won’t cooperate, we don’t hesitate to take them to trial.
Kentucky Statute of Limitations for Medical Malpractice
In Kentucky, you have only a limited time to contact an attorney after your medical malpractice injury. The Kentucky statute of limitations bars medical malpractice claims filed more one year from the date you discovered (or reasonably should have discovered) your injury. Contact a medical malpractice attorney as soon as you realize that a healthcare provider harmed you.
What Damages Need to Be Considered?
A medical malpractice lawsuit attempts to make you whole by awarding monetary payment for the harm you suffered. The legal system cannot restore your physical health, so it tries to achieve fairness by ordering the defendant to pay for your injuries.
You may have physical injuries as well as emotional and financial harm due to the medical malpractice. You can receive compensation for several types of damages:
- Economic damages include financial costs of your injury, such as medical bills and lost wages;
- Non-economic damages include emotional costs of your injury, such as pain and suffering and loss of enjoyment; and
- Punitive damages are based on a healthcare professional’s particularly reckless behavior.
Most medical malpractice cases include both economic and non-economic damages. Some particularly callous instances of medical professional misconduct might cause the court to award punitive damages as well.
In Kentucky, there is no cap on medical malpractice damages, meaning that victims have the opportunity to recover full compensation for their harm. Our attorneys can calculate your comprehensive medical malpractice damages and request a maximum settlement.
Reach Out to Gerling Law for a Free Case Review
Do you think you were harmed by a medical professional? Are you not sure if you have a medical malpractice claim? Contact the personal injury attorneys at Gerling Law for a free case review.
Our attorneys will listen to your experience and work with medical experts to determine whether you have a medical malpractice claim. Contact us today to set up a free consultation. Go with Experience. Go with Gerling.™