Along with motor vehicle and work-related accidents, medical malpractice is one of the most common forms of personal injury cases filed in the United States. While it is comforting to know that only a small percentage of doctors are mistreating their patients, they are still doing enough damage to warrant millions of dollars in medical malpractice payouts to patients across the state each year.
This signifies that the people being mistreated by medical professionals in Kentucky are being hurt badly enough to warrant a significant financial settlement. An experienced malpractice attorney in Springfield will be aware of this fact and will make sure that any negligent medical professionals are held accountable for the hurt they have caused.
If a person has been harmed by a negligent doctor or medical professional, they should retain the services of a Springfield personal injury lawyer who will hire an expert witness to corroborate the reasons for medical mistreatment and will make sure that the injured party is treated fairly throughout the legal process.
Medical Malpractice Considerations
Kentucky medical malpractice laws are surprisingly simple when compared to the legislative requirements of other states. The state treats medical malpractice nearly the same as it does any other type of personal injury case.
While a few state legislators have tried to reform medical malpractice laws by proposing to cap damages and form medical review panels, the initiatives have garnered very little support and have been shut down in the state legislature.
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Statute of Limitations
The statute of limitations on filing a medical malpractice suit is essentially the same as almost every other type of personal injury suit in Kentucky. A person has one year to file a medical malpractice suit after the injury has been discovered.
Although the statute of limitations regarding medical malpractice does state that no medical malpractice suit can be brought after five years has passed from the initial act or error made by the doctor in question, Kentucky courts have made it clear that this “five-year rule” is unconstitutional and should no longer be considered as part of the law.
Therefore, the state now effectively operates under a discovery rule where people have one year to file a medical malpractice suit after the date the injury was discovered. In order to ensure you are abiding by the state laws when filing your claim, it is important
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It is also important for a person to know that there are no non-economic damage caps when dealing with medical malpractice cases. While this makes the Kentucky medical establishment uneasy, trial lawyers and plaintiff advocacy groups are thrilled and believe that it helps keep medical professionals honest when doing their work.
A person should also understand that Kentucky operates under a pure comparative fault system. This means that percentages of blame are assigned to both parties, and then a verdict is reached. There is no law barring the plaintiff from receiving damages, and the court simply deducts the percentage of blame placed on the defendant from the total amount given to the injured person.
Working with a Medical Malpractice Attorney
Although filing a medical malpractice suit against a doctor or medical professional can seem daunting, for many people it is the only way they will be able to move forward and regain a feeling of normalcy after hurting for so long.
By obtaining the services of a qualified medical malpractice attorney in the Springfield area, a person is receiving support from an individual who has extensive legal knowledge and has plenty of medical malpractice experience to draw upon when formulating a plan for their client’s case.
If you have suffered an injury due to medical mistreatment, it is important you contact a Springfield medical malpractice lawyer who will understand the science behind your injury and can use that knowledge to show just how much you have suffered because of this medical error.
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