What Is Considered Medical Malpractice in Kentucky?

In legal terms, medical malpractice is when a healthcare provider deviates from the accepted standard of care, which leads to the injury or death to a patient. In order to prove that malpractice occurred, you need to establish four key elements of negligence.

That begins with demonstrating that there was a relationship between you and the medical professional. Then you need to prove that the professional failed to meet the standard of care expected of any medical professional. You then have to link that failed care to your injury and prove you’ve suffered measurable losses.

No, not every negative result is considered to be an incident of malpractice. There are many types of procedures and treatments with associated risks. If those risks manifest, it might not be because of a doctor’s actions. Malpractice only exists when negligence causes harm.

A patient can suffer from a misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, or a failure to treat a known condition. When these errors occur, they tend to worsen conditions and necessitate additional treatment at additional expense.

In order to prove a medical malpractice claim, you need to gather all the medical records associated with the injury. That includes doctors’ and nurses’ notes, lad reports, imaging results, medication lists, and all the consent forms. You also need to obtain a Certificate of Merit.

This is a report from an independent medical professional who has reviewed your evidence and agrees that there is reason to suspect medical malpractice.

If you have been the victim of a doctor’s negligence, you need to speak with a qualified medical malpractice attorney. The legal team at McCoy & Hiestand, PLC is extremely familiar with medical malpractice cases. We have helped many Louisville residents pursue a claim against medical professionals, hospitals, and device manufacturers. We depend on a network of independent medical professionals to verify the claims based on the evidence. If we agree with the experts that there is a clear example of malpractice, we can present you with options for moving forward. We don’t want to waste your time with false hope. We’ll only take on a case when we’re confident of the outcome.

If you’re dealing with a suspected medical malpractice claim, we can discuss what needs to happen next to prove negligence. We’ll also help prepare the Certificate of Merit that must be filed with your claim. All of this support begins with a free consultation. We can hear what happened to you and advise you about the next steps. Remember that the statute of limitations for medical malpractice in Kentucky is one year. Don’t wait to get the answers you need for your claim.