Can I File a Wrongful Death Claim for Medical Malpractice in Kentucky?

Yes. If a healthcare provider’s negligence caused or contributed to your loved one’s death, Kentucky law allows a wrongful death claim to be filed. In order for the claim to move forward, you must demonstrate through strong and compelling evidence that the medical professional did not meet the accepted medical standard of care and that failure led to the death.

In Kentucky, only the personal representative of the deceased person’s estate can file the lawsuit. This person is known as the executor. They will either be named in the will or appointed by the probate court. Kentucky law also stipulates the order of who should receive any settlement derived from a wrongful death claim.

Even though there may be several beneficiaries, there can be only one executor and a single claim.

The damages you can recover in a wrongful death claim can include any medical bills that were part of the treatment before the person’s death. Additionally, you can ask for funeral and burial expenses and lost income. You can also seek compensation for the family’s loss of companionship.

It is important to note that there are no caps on compensation in Kentucky. That includes punitive damages for acts of extreme negligence.

Yes. In most medical malpractice wrongful death cases, you have one year from the date of death to file the claim. When you make a claim of medical malpractice, you have to obtain a Certificate of Merit. This is a report by an independent medical professional who attests to the claims of negligence and asserts there is a substantial reason to make the claim.

Finding this expert and allowing them the time to review the case can take several weeks. That happens as the clock is ticking on that statute. That is why it is important to speak with an attorney as soon as possible.

You need strong evidence to establish that a doctor or healthcare provider acted negligently and that this negligence caused the death. You also have to prove that you and your family suffered from measurable damages due to the death. The following is the essential evidence checklist to consider:

• Medical records
• Autopsy report
• Expert medical testimony
• Documentation of negligence
• Financial records
• Witness statements

There are many circumstances where a death happens beyond anyone’s control.

However, if a death occurs through the course of a surgery or prescribed treatment where a negligent act was the cause, it can be considered a wrongful death. In that scenario, the surviving family should not be forced to bear the financial burdens resulting from the loss of their loved one. That should be compensated for by the at-fault party.

At McCoy & Hiestand, our experienced attorneys have a proven record of success in medical malpractice claims. We understand what is needed to prevail in such cases.

We also appreciate the emotional and financial struggles a family might be going through as a result of the wrongful death of their loved one. That is why we’re dedicated to finding a fast resolution.

If we agree to help you with your claim, you’ll benefit from the entire legal team at McCoy & Hiestand, PLC Part of that team are the medical experts we call on to provide expert testimony in support of your claim. Our goal is to take over the communications with the insurance company and fight for a fair settlement.

No amount of money will make up for the loss of your loved one, but providing for the security of your family helps protect their legacy.

Call to schedule a free consultation to discuss your options today.