You expect the best possible care & treatment when you meet a doctor. Unfortunately, even doctors and medical professionals make mistakes. For the unversed, a medical malpractice case happens when a doctor or anyone in the field of medicine breaches the expected standard of care and causes harm to a patient. If you are a victim of medical malpractice in Louisville, you have certain rights, including the right to get legal advice. Here are some crucial aspects that need your attention.
Know your rights
As someone who has been harmed by a medical professional, you have the right to seek medical care and treatment from another doctor. You also have the right to access your medical records and seek help from a medical malpractice lawyer. You can file a lawsuit and hold the at-fault party liable for the damages to recover compensation.
Understanding medical malpractice
There are some acts that count as medical malpractice, including –
- Errors related to medications: If your doctor gave you the wrong medication, suggested the incorrect dosage, or improperly administered the medicine, you can file a lawsuit.
- Misdiagnosis: When a doctor fails to identify or diagnose a patient’s condition, it can have a ripple effect, like delayed treatment or wrong treatment, which can cause harm. That is a standard case of medical malpractice.
- Birth injuries: Such injuries are related to the delivery of a baby. The injuries could impact the mother, child, or both. For example, if the newborn sustained an injury due to the wrong use of forceps, it is a case of a birth injury.
- Surgical errors: As the name suggests, surgical errors happen during surgery, such as leaving an instrument inside a patient, not administering anesthesia accurately, or operating on the wrong limb or part of the body.
- There are also other situations that may breach the Medical Standard of Care. For example, if the patient wasn’t monitored after surgery or the hospital or doctor failed to get informed consent, it could be a case of medical malpractice.
Understanding Medical Malpractice Laws in Kentucky
- Proving harm caused by duty of care: As with other personal injury cases, victims in Kentucky are required to prove that the accused medical professional breached the duty of care and that act is directly responsible for causing harm to the respective claimant. In other words, the burden of providing proof is on you.
- A Certificate of Merit is a must to proceed with a malpractice claim: According to the laws in Kentucky, a Certificate of Merit is a must. This is an affidavit from a qualified medical expert who reviews the case and attests that the alleged healthcare professional’s conduct was a step away from the acceptable standard of care, which led to the plaintiff’s injuries.
- The time cap is one year: Unlike many states, Kentucky’s statute of limitations offers a relatively short time limit for filing a medical malpractice claim. You have to initiate the claim within a year, either from the date of your injury or the day when you discover the injury. Fortunately, there is no upper cap for medical malpractice damages.
Do I need an attorney for my case?
Medical malpractice claims are often complex and hard to investigate. Unless your case is watertight and backed by evidence, you expect to sue someone who is well-known in the medical field. Having an attorney is critical for the entire process, as they will gather evidence and ensure you have enough to move forward. They will also check what damages you can recover, and if an out-of-the-court settlement is unlikely to work, they will even file a lawsuit in court.
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