When you go to any doctor’s office or get checked into the hospital, you are there for assistance and help only. But what happens if, at this appointment, things go backward? If you are a victim of medical malpractice, you should know your options.
There are plenty of losses that you can sustain in cases like these, and we don’t want to see it. Our team of Kentucky personal injury lawyers at McCoy & Hiestand is always ready to take on your case and fight for you and your rights. For more information about medical malpractice cases, continue reading.
What Is Considered Medical Malpractice?
Medical malpractice is defined as the negligent act of a healthcare professional, which in turn, causes injuries or damages to a patient. Of course, there are various examples of medical malpractice, and ultimately, it can be quite common.
Some of the most common examples of medical malpractice include the following:
- Failure to correctly diagnose an illness or disease
- Surgical errors
- The misuse of prescription drugs
- Improper use of any medical equipment or medical implants
- Failure to properly monitor patients
- Any anesthesia errors
- Failure to inform patients about risks in surgery or medically prescribed
If you are a victim of medical malpractice, you will have experienced direct injuries from a healthcare professional’s lack of care. So, even if the case of your injury isn’t listed above, you should consult with a Kentucky medical malpractice attorney.
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Elements We Can Help You Provide in Medical Malpractice Cases
To fully prove that you were a victim of medical malpractice, you must first determine four elements have occurred. You and your medical malpractice lawyer must prove these four elements of your claim before filing a lawsuit.
These four elements include the following:
- A basic duty of care was owed to you: This means that a patient-doctor relationship was established. Simply put, you were owed a basic level of care and safety by attending your health care professional’s office.
- The person who owed you this basic level of care was negligent in providing it: To make it easy, this element will be proven if you can show that other medical professionals would have acted differently and not caused any injuries.
- Due to this negligence, injuries have occurred: If your health care professional was negligent, and injuries were caused due to this, then you have met this criterion. Therefore, if no injuries have occurred due to a healthcare professional’s lack of care, you have no medical malpractice case.
- The injuries you have suffered were serious enough to cause further damage: If you can fully prove that your injuries have directly stemmed from medical professionals, and because of these injuries, losses have occurred, then you have a strong case.
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How does a Medical Malpractice Claim Work?
In general, there is a simple process that medical malpractice cases will follow. Luckily, the team at McCoy & Hiestand knows this process inside and out. We must take multiple steps to bring your case to light, and we aren’t afraid to fight in your corner to do so.
The steps that we follow include:
- Collecting evidence and proving the four above-listed elements: If we can prove the four elements above, your case is off to a great start. Additionally, we will collect more medical evidence and speak with any witnesses involved to further your case.
- A complaint will be issued: We file a claim with all the collected evidence. This signals the official start of your lawsuit!
- The person at fault will be able to counter: Your medical professional that acted negligently will have a chance to either deny the claims or take full ownership of them.
- The discovery process will occur: In this process, both parties will go over evidence, speak with opposite witnesses, and look at all other information that will be brought forth. This is the longest part of the entire case.
- The case will move forward in various ways: After the discovery process, your case will either be settled for a compensation amount you are happy with, go to mediation, or proceed to trial.
Ultimately, medical malpractice cases take ages to conclude. But, the help of a qualified medical malpractice lawyer in Kentucky can make your case easy. We will help in handling every aspect in your case.
Damages You Can Claim in a Medical Malpractice Case?
The damages that you can seek in cases involving medical malpractice include both economic damages and non-economic damages. Economic damages are damages that have a monetary value associated with them. Some examples of these damages include the following:
- Medical bills
- Loss of income
- Future medical expenses
Non-economic damages can also be awarded in cases like this. These damages are the opposite of economic damages, in the way that they are damages you have experienced that have no monetary value. For instance, damages can include the following:
- Pain and suffering
- Loss of enjoyment of life
- Future Trauma
- Strained family relationships
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Ready for Chad and Sheila to Fight for You?
In the state of Kentucky, you will have one year from the date you had injuries from medical professionals. This means that time is of the essence in cases like this. By seeking our help, we will begin your case as soon as possible and support you every step of the way.
For a free case evaluation, contact McCoy & Hiestand today. Our Kentucky medical malpractice attorneys are ready to fight on your behalf.
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