Interaction with medical professionals at all levels is a fact of life for almost everyone. Whether taking the kids for a routine checkup at the pediatrician’s office or undergoing major surgery, most individuals have at least some contact with doctors, nurses, and other healthcare providers fairly regularly.
However, each year there are unacceptable circumstances in which medical errors are made, and devastating consequences follow. If you or a loved one suffered an injury at the hands of a negligent medical professional, one of our Louisville medical malpractice lawyers at McCoy & Hiestand can help you obtain compensation for these medical errors.
Common Malpractice Scenarios in Louisville, KY
With an ever-increasing number of medical specialties and practice areas coming into existence, it is not surprising that the contexts in which malpractice can occur are virtually limitless. That said, however, there do seem to be certain categories of claims which present themselves more often than others.
You can sustain various injuries depending on the severity of a healthcare professional’s negligence. Some of the most common injuries forming the basis of malpractice lawsuits include those resulting from:
- Birth injuries
- Surgical mistakes
- Medication errors
- Hospital design or maintenance negligence
- Misread laboratory tests
- Delayed or missed diagnoses
- Lack of post-operative monitoring
If you have suffered any of the medical mistakes above or one that is not on this list, you may qualify for financial compensation. One of our Louisville medical malpractice attorneys can tell you if you qualify for a case.
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How Medical Malpractice is Determined
The first step in any medical negligence lawsuit is determining if there are indeed negligent parties. You must prove four elements for your claim to qualify as medical malpractice. The four elements are:
Duty of Care
The first element that you must prove is that the person owed you a duty of care. This means that the medical provider was obliged to act responsibly and properly perform their job.
Medical professionals know what is expected of them, so they should have no issue doing so.
Deviation from the Standard of Care
The second element you must demonstrate to prove that a medical provider acted negligently is that their performance must have been below the average standard of care. A standard of care is the expected quality of care that any professional in the medical field would provide to their patient.
A deviation from the standard of care is similar to a breach of the duty of care. For example, if you had a doctor that failed to give you the correct prescription or dosage, it would qualify as below the standard of care because medical professionals have the experience and laws to practice by.
As a result of the medical care you received, you must have suffered actual damages. This can mean monetary damages, non-economic damages, and even punitive damages.
To prove that you’ve suffered damages, a lawyer can gather evidence such as additional medical treatment bills, photos of injuries, and any paperwork that illustrates the medical practitioner’s previous mistakes.
Your Injuries Are a Direct Cause of Medical Errors
The fourth element that must be present is proof that your injuries directly result from medical mistakes. Put simply, you wouldn’t have suffered injuries if you had not received below-average medical treatment.
Continuing with the medication error example, you would not have had an allergic reaction that required additional care if you had been prescribed the right medication and dosage. This can be one of the easiest elements to prove because, by this point, your lawyer already has the evidence.
If the medical procedure or care you received resulted in an injury, you could recover compensation. A personal injury lawyer from our firm at our Louisville office can help you identify the negligent parties and hold them accountable.
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How Long do You Have to File a Kentucky Medical Malpractice Lawsuit?
An alarming number of individuals are left with a lifetime of challenges due to the medical negligence of those to whom they entrusted their care. Facing unanticipated emotional, physical, and financial burdens, many families are left wondering how they will manage the medical expenses, physical therapy bills, lost wages, and other mounting losses.
A medical malpractice attorney can prove invaluable in terms of reviewing the facts of a prospective case, providing keen insights regarding legal strategy, and ensuring compliance with the strict statute of limitations provided by the state of Kentucky. The statute of limitations states that such actions must be brought within one year of their occurrence or the date on which the injury should reasonably have been discovered.
Damages You Can Recover in a Medical Malpractice Lawsuit
When you get injured by a negligent doctor that was supposed to help you, it can be frustrating that you have to pay more bills for an unexpected treatment to help you recover from the injuries they caused. But with the help of one of our personal injury lawyers, you may be able to recover damages such as:
- Emotional trauma
- Pain and suffering
- Current, past, and present medical bills
- Rehabilitation and therapy costs
- Reduced earning capacity and lost wages
- Disfigurement or disability
- Mental anguish
- Anxiety or depression
- Post-traumatic stress disorder (PTSD)
- Loss of financial support for dependents
- Funeral expenses, where needed
- Lower quality of life
We can fight endlessly to get you all the damages you qualify for. Our team is passionate about our work, and we don’t stop until we get justice and compensation.
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Filing a Louisville Medical Malpractice Claim
After a medical error occurs, there are specific steps you must take to file a medical malpractice claim in Louisville. Once you have hired an attorney for medical malpractice, your attorney will investigate your claim and determine if you could be eligible for compensation. If your lawyer believes you may be eligible to collect fair compensation after a medical error, they will guide you through the following steps to file a Louisville medical malpractice claim, including:
- Collect your medical records. Your medical malpractice lawyer will gather your medical records and analyze them to determine if your injuries could have resulted from a medical error. Your lawyer may also speak to other doctors to get a second opinion.
- Inform medical professionals/insurance companies. Before filing a claim, you must inform medical professionals and insurance companies. Once you do so, you may be offered a settlement to recover your damages. However, insurance companies may try to reject or undervalue your claim for medical malpractice.
- File a medical malpractice complaint. If your attorney feels the first offer made by the insurance company is inappropriate, your last step is to file a complaint against negligent doctors or medical professionals. Once you file a complaint with a medical malpractice attorney, a lawsuit will begin.
What to Expect When Holding a Medical Professional Accountable
Hospitals are where we go when we feel sick or need treatment. But when you’ve filed a medical malpractice claim against hospital staff, it can be challenging to get any help from them. One of the biggest obstacles you will face when you begin a medical malpractice case is the insurance company.
The medical malpractice insurance company will try everything possible to find a reason to deny your claim. They aim to retain all the money they can by not accepting any claims and withholding the fair compensation you need.
The most common tactic they use is waiting until the statute of limitations runs out to deny your claim. This way, you won’t be able to get compensation or file another claim.
Why Should I Hire a Medical Malpractice Attorney in Kentucky?
When a doctor’s negligence leads to injuries, you need a team of lawyers with extensive experience that can fight for you. One of the most important aspects of a quality medical malpractice attorney is legal experience, and we have it. We’ve been handling medical negligence cases for years, and we know what it takes to prove the damages and financial losses you qualify for.
When you work with our team, we can do the heavy lifting while you recover from your injuries. We can gather evidence, talk to the insurance company, and calculate the damages you qualify for. Another essential aspect of a lawyer taking on a medical malpractice case is passion.
Our lawyers are dedicated to protecting you against the deceitful tactics that the insurance company may try after you’ve filed a claim, and we’re ready to defend you. We truly care about your recovery from your injuries and strive to protect you and others from harm in a place where you’re supposed to be the safest.
Contact McCoy & Hiestand to Start Seeking Justice for Medical Malpractice
The feeling of sheer betrayal experienced by those harmed by medical negligence simply cannot be overstated. The unacceptable departures from the standard of care can and do cause devastation to entire families, and you deserve aggressive legal representation.
Contact our firm today to discuss your case with a Louisville medical malpractice lawyer at McCoy & Hiestand. Call us or fill out the contact form on our website to get a free case review with a Louisville medical malpractice attorney.
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