If you have been injured as a result of negligence from a doctor or medical provider, you may be considering a medical malpractice claim. But in order to be successful in receiving compensation for your injuries, your Louisville medical malpractice claim must satisfy a number of requirements.
Requirements of a Claim
- Injury: The doctor or health care provider caused an injury to the patient. Proving an injury occurred as a result of a doctor or medical professional’s action or omission of a necessary action can be a very complex process. You may need to call on an expert witness to testify on your behalf that the doctor or medical professional did indeed make a mistake of some sort that caused your injury or injuries.
- Negligence: Carelessness on behalf of the doctor or health care provider. In order to prove that negligence took place, you must show that your medical treatment fell below what is called the “accepted standard of care.” The “standard of care” is the process or set of guidelines that a medical professional is expected to follow for a particular type of patient, illness, or clinical circumstance. An attorney will be able to review the details of your case to determine if the doctor or health care provider in question has breached the accepted level of medical care for the specific medical treatment you received.
- Statute of limitations: The time limit when you must bring a claim. The statute of limitations varies from one state to another. In Kentucky, you only have one year from the date the negligence occurred or was discovered. After that, your claim is barred forever.
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Importance of An Attorney
An attorney is a crucial component for helping you receive the compensation for your needs. If you believe you have a medical malpractice claim, do not delay. Contact the Louisville or Bardstown, Kentucky offices of McCoy & Hiestand today. We can further investigate the details of your medical treatment to determine whether you have a case for medical malpractice.
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