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When patients visit a physician for treatment of their medical condition, they never anticipate that their doctors’ prescribed treatment could leave them in a worse position than before they ever sought help. Unfortunately, this has been the case for many patients who are suffering from the effects of medical malpractice.
If you believe that you, your child, or a loved one has been injured or suffered damages as a result of medical malpractice on the part of a healthcare professional, one of our experienced Bardstown medical malpractice lawyers can advocate for you to receive the compensation that you deserve.
McCoy & Hiestand, PLC has over 60 years of combined experience helping injury victims to recover compensation. We have the resources and experience to know what it takes to maximize your claim. You shouldn’t be forced to pay for someone else’s mistake.
When Do I Need a Bardstown Medical Malpractice Attorney?
When seeking medical treatment, patients trust in the expertise of their healthcare providers. However, medical negligence can lead to severe consequences for patients.
Whether you’re dealing with a misdiagnosis, surgical error, or medication mistake, our Bardstown personal injury lawyers are here to fight for the compensation you deserve.
You may need an attorney if you’ve experienced any of the following:
- Delayed or misdiagnosis of a serious condition, leading to a worsened prognosis
- Surgical errors, such as operating on the wrong body part, leaving surgical instruments inside the body, or causing unnecessary injury during the procedure
- Birth injuries to the mother or child due to negligence during pregnancy or delivery
- Medication errors, including prescribing the wrong medication, incorrect dosages, or failing to account for drug interactions
- Failure to properly monitor or treat a patient’s condition, resulting in complications or deterioration
- Lack of informed consent, where the healthcare provider failed to adequately explain the risks associated with a treatment or procedure
- Premature discharge from a healthcare facility, leading to further injury or complications
- Injuries or infections caused by improper sanitation or sterilization procedures
- Negligence in reading or interpreting diagnostic tests, such as X-rays or lab results
If you suspect that you or your loved one has been a victim of medical errors or negligence, it’s essential to act quickly. Our experienced medical malpractice attorneys will thoroughly investigate your case, gather evidence, consult with medical experts, and build a strong case on your behalf.
What Is Medical Malpractice?
The occurrence of medical malpractice is typically defined as when a doctor’s or other medical professional’s conduct falls below the accepted standard of care for the medical field.
Medical malpractice does not occur every time a healthcare provider makes a mistake, or a patient’s treatment plan is simply unsuccessful in resolving the illness or condition. Rather, it requires that other medical experts in the same field consider the physician’s conduct, such as their diagnosis or treatment, unreasonable.
Our medical malpractice attorneys in Bardstown have experience working with medical experts in a number of fields to determine whether a doctor’s behavior constitutes medical malpractice and if so, what steps should be taken next.
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Common Challenges in Medical Malpractice Claims
These claims can be complex and challenging to pursue due to several factors. Here are some common challenges:
Proving Negligence
To succeed in your claim, you must prove that the healthcare provider deviated from the accepted standard of care and that this deviation directly caused your injuries.
Establishing negligence often requires extensive medical records, expert witness testimony, and a thorough understanding of the relevant medical standards.
Statute of Limitations
Each state has a specific time limit, known as the statute of limitations, within which a claim must be filed. Failing to file your claim within this time frame can result in your case being dismissed, regardless of its merits.
In Kentucky, there is typically only a one-year time frame to file, so it is important to reach out to a lawyer as soon as you suspect malpractice may be to blame for your injuries.
Causation and Pre-existing Conditions
Physicians, hospitals, and insurance companies may argue that the plaintiff’s injuries were caused by pre-existing conditions or other factors unrelated to the alleged negligence. Proving causation can be challenging, especially in cases involving complex medical histories or multiple healthcare providers.
Complexity of Medical Evidence
Medical malpractice cases often involve intricate medical concepts, procedures, and terminology that can be difficult for non-medical professionals to understand. Effectively presenting and interpreting complex medical evidence is crucial for the success of your claim. Our attorneys work with medical specialists, physicians, and expert witnesses to help substantiate your claim.
Costs and Resources
These types of cases can be expensive to litigate due to the extensive discovery process, expert witness fees, and other legal costs. Plaintiffs may face challenges in securing adequate resources and funding to pursue their claims effectively.
When you work with our Bardstown medical malpractice lawyers, we take care of all the litigation costs until we successfully recover compensation on your behalf. There is no upfront out-of-pocket cost to you.
Overcoming these challenges often requires the resources of an experienced attorney who can build a strong case and effectively present your claim to maximize your chances of receiving fair compensation.
What Types of Damages Can I Claim in a Medical Malpractice Lawsuit?
You may be entitled to claim various types of damages to compensate for the losses and harm you have suffered due to the medical professional’s negligence. The specific compensatory damages you can claim will depend on the details of your case, but generally, they can be categorized into the following:
- Past and future medical expenses: This includes costs for hospitalization, surgeries, doctor visits, medication, rehabilitation, medical equipment, and any other healthcare-related expenses resulting from the malpractice.
- Lost wages: If you were unable to work during your recovery or if your injuries have left you with a disability that prevents you from returning to work, you can claim compensation for lost income.
- Loss of earning capacity: In cases where negligence has left you with long-term or permanent disabilities, you may be entitled to compensation for the loss of future earning potential.
- Pain and suffering: This compensation is awarded for the physical pain, emotional distress, mental anguish, and overall suffering you have endured.
- Loss of enjoyment of life: If your injuries have impaired your ability to participate in activities or hobbies that you previously enjoyed, you may receive compensation for this loss of enjoyment.
- Loss of consortium: In some cases, your spouse may be entitled to compensation for the loss of companionship, affection, and intimacy due to your injuries.
- Disfigurement or scarring: Compensation may be awarded for permanent disfigurement or scarring resulting from the incident, which can have psychological and emotional impacts.
It’s important to note that the specific damages and the amount of compensation awarded can vary significantly based on the factors in your unique case.
What if I Believe My Loved One Died Due to Medical Malpractice?
If you believe your loved one died due to medical malpractice, take immediate action and consult with an experienced attorney. In cases involving wrongful death, some specific legal steps and procedures must be followed to ensure your rights are protected and that you have the best chance of obtaining justice and compensation.
Pursuing a wrongful death claim related to medical malpractice can be emotionally challenging and legally complex.
Our Bardstown wrongful death lawyers can provide the compassionate support and skilled representation you need during this difficult time while fighting to hold those responsible accountable and obtain justice for your loved one.
Contact a Bardstown Medical Malpractice Law Firm Today
While no monetary award may make up for the devastating injuries you have incurred as a result of medical malpractice, our experienced medical malpractice lawyers in Bardstown can help you hold the physician, hospital, or medical device manufacturer accountable for your injuries.
Contact McCoy & Hiestand, PLC today for a free consultation to learn how we can put our experience to work for you.
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