A patient goes to the doctor with the expectation of being healed. Even if there isn’t a cure for an illness, it should be properly diagnosed so the doctor can prescribe some form of treatment. A patient doesn’t expect things to worsen because of the doctor’s actions. In those situations, there could be a case of medical malpractice that demands action.
The type of action you could take if you’re the victim of a doctor’s negligence is to file a medical malpractice claim with the help of McCoy & Hiestand, PLC. We’re a team of experienced medical malpractice attorneys who have helped many clients deal with the complexity of these types of cases.
That begins with ensuring that our clients meet the appropriate filing deadlines.
Statute of Limitations for Medical Malpractice
One of the first things we’ll look at when considering a case is whether you’ve passed the statute of limitations or not. Kentucky law sets the statute at “one year after the cause of action accrued.” That’s not a lot of time when you consider all the steps you must go through to move forward with your lawsuit.
If you miss the filing deadline, there is a good chance that your case will not be considered at all.
You also have to keep in mind that before filing a civil complaint, you might have to file an insurance claim with the doctor’s insurance carrier.
It will also take several weeks or months to get a response. You must file a civil lawsuit only after you reach an impasse. Once you file within the statute of limitations, you won’t have to rush through the trial. Filing stops the statute of limitations clock.
Certification of Merit Requirement
You’ll need to complete one vital step before filing your complaint…you need to get a Certification of Merit. The purpose of this is to protect healthcare providers from frivolous lawsuits.
That’s a good thing for the public at large. Just because someone is unhappy with how they’ve been treated or unsatisfied with the outcome does not automatically mean it is a malpractice case.
However, if there is clear evidence that negligence contributed to your injury, it needs to be established by an independent medical practitioner in the same field. For instance, if you have an orthopedic injury based on a misdiagnosis, your Certification of Merit needs to be prepared by an orthopedist.
The doctor preparing the certificate will be able to review medical records and your history, corroborate witness testimony, and any other relevant information about your claim. Once that doctor signs off on the Certification of Merit, you can proceed with your claim.
It is important to remember that your Certification of Merit is not the “final word” on your claim.
You and your medical malpractice attorney will still need to present your evidence in a civil lawsuit in front of a jury.
Elements of Proof
In order to win your medical malpractice claim, you need to establish the following four elements of proof:
Duty of Care
The first element you need to establish is the duty of care that the doctor owes to you. This essential means establishing the professional relationship you had with your doctor. In other words, you couldn’t sue a doctor you saw on a TV show giving medical advice. Even a doctor you’re meeting for the first time, such as an ER resident, would owe you a duty of care.
Breach of Duty
When the doctor is negligent, they breach their duty of care. That means their actions or inactions have caused you harm. That harm can come from errors during a surgical procedure, misdiagnosis, or failure to treat an ailment.
Causation
Next, you have to make a link between that breach of duty and your injury. For example, if a doctor operates on your hip and makes the condition worse through an error, you have causation.
However, if they operate on your hip but your shoulder hurts afterward, that might not be connected to negligence.
Damages
Finally, you have to establish that you’ve suffered damages. These can be financial losses, such as added medical expenses or lost wages. They can also be damages from having to endure chronic physical pain or mental anguish as a result of the injury caused by your doctor.
Once you have evidence and testimony to support those elements, you’ll have a strong case to present to a
Why Choose McCoy & Hiestand?
In order to achieve a successful outcome with your medical malpractice claim, you need the right legal counsel on your side. The attorneys at McCoy & Hiestand have decades of combined experience with these types of cases.
We have a deep understanding of pertinent laws. We also have a reliable network of medical professionals who help prepare our cases to present to a jury. If you’ve been injured by a doctor, nurse, or hospital negligence, we want to hear from you.
Call to set up a consultation today.
