What Should I Do If a Bardstown Doctor Makes a Serious Medical Error?

Your records are going to be a crucial part of your medical malpractice claim. They will be needed by an independent healthcare provider who will review them to issue a Certificate of Merit. This is an affidavit that affirms there was negligence that caused you harm.

In order to access and obtain a copy of your records, you need to connect with the healthcare facility’s Health Information Management Department (HIM). There might also be a direct patient portal, such as MyChart. Major Kentucky providers such as Norton Healthcare, Baptist Health, and UofL Health offer these forms online.

When you download and fill out the release form, you’ll be required to provide your name, date of birth, Social Security number, and the dates of your service. If you request the records by mail, fax, or email, you’ll need to send along a copy of your government-issued ID.

Most electronic records are free. However, if you request a hard copy, you may be charged for the processing.

When you raise concerns about treatment and move towards filing a medical malpractice claim, the hospital will be put on notice. That is when a risk manager will step in to make an assessment on behalf of the hospital. The primary role of a risk manager is to protect the hospital’s financial and legal interests. Although they might present themselves as helpful, they are not there to support your claim.

Any information that you disclose to a risk manager can be used against you in defense of the hospital.

Often, this happens when you say something inadvertently that could affect your claim, such as mentioning that you might have skipped an appointment or stopped taking medication.

There might be a scenario in which a risk manager tries to resolve the claim without admitting liability. That can directly affect your ability to receive a fair settlement. You also have to watch out for delay tactics. In Kentucky, you only have one year to file a medical malpractice claim.

A risk manager might attempt to establish communication and insist on an “internal review” in the hope of running out the clock. Instead of speaking directly with a risk manager, all of that communication should be handled by your attorney. They will know if the requests for information are valid.

Your attorney will also be watching the calendar to ensure that you won’t miss the filing deadline.

When building the foundation of your medical malpractice claim, you and your attorney need to zero in on the specific cause of the medical negligence.  Which of the following types of medical negligence would apply to your claim?

Diagnostic Errors

A diagnostic error occurs when a doctor misinterprets test results or fails to order the appropriate tests in the first place. There can also be a delayed diagnosis that allows conditions to worsen.

Surgical Errors

Although it might be hard to believe, a common surgical error is performing a procedure on the wrong body part or leaving instruments inside the body that cause damage to surrounding organs.

Medication Errors

A doctor prescribes medication. That prescription is filled out by a pharmacist. If either one of those providers administers the wrong medication, incorrect dosage, or doesn’t take into account possible side effects, it can be an instance of malpractice.

Birth Injuries

Potential instances of negligence during childbirth include such events as a failure to order a C-section, improper use of forceps or vacuum, or failure to respond to fetal distress. Any of those birth injuries can cause harm to the baby and lead to a lifetime of care.

Failure to Monitor

If the hospital staff fails to monitor vital signs or post-operative conditions, it can lead to preventable infections or complications.

Anesthesia Errors

During a surgical procedure, administering too much anesthesia or using improper intubation can lead to brain damage.

Building a strong medical malpractice claim requires far more than pointing out that something went wrong. An experienced medical malpractice attorney will diligently gather all the relevant medical records and confer with an independent practitioner to confirm that there was negligence that caused you harm. That’s just the beginning of the case.

Once a hospital or medical professional has been presented with the complaint, they will have to defend their actions. Although they might not want to admit guilt, they could try to settle the matter without the need for a public trial.

The legal team at McCoy & Hiestand, PLC, understands what is needed to prevail in these types of cases.

We also understand the emotional and financial toll it takes. That is why we will help calculate a settlement demand that accounts for all the pain and suffering and need for future care. Working with an experienced firm like McCoy & Hiestand, PLC ensures that no detail is overlooked and that your claim is built on a solid legal and medical foundation.

If you believe a Bardstown doctor’s mistake caused you harm, you don’t have to take them on alone. Call to schedule a free consultation to discuss what happened.

Let us share the options you have for pursuing accountability.