When we see a doctor for any illness or condition, we trust and believe that they will offer the best standard of care. Unfortunately, this doesn’t always happen. A significant number of medical malpractice lawsuits are filed in Kentucky annually. On the other hand, many victims and families fail to take action or seek legal assistance, and as a result, they never get compensation for their suffering. In this post, we have answered top FAQs related to medical malpractice in Kentucky.
What are the rights of a medical malpractice victim?
First, the victim has the right to seek medical care from another qualified doctor. If you are suffering because of medical malpractice, you also have the right to your records. You also have the right to meet an attorney and get legal representation for your case. You also have the right to hold the concerned medical professional liable for your suffering and recover a settlement. While money cannot undo the damage, it certainly can help deal with the losses.
What are the usual medical malpractice cases?
In many cases, physicians and medical professionals fail to do a timely diagnosis or end up making a wrong diagnosis. That often results in more suffering and complications for the victim. There could be other cases of medical errors or wrong use of anesthesia. A lot of medical malpractice lawsuits are also related to birth injuries caused to the child or the mother. Surgical errors, which include operating on the wrong limb or leaving an instrument inside the patient, are not rare either. In short, if a medical professional breaches the standard of care, you may have a case.
What is a certificate of merit?
A Certificate of Merit is a must to initiate a medical malpractice claim in Kentucky. This is an affidavit from a qualified medical expert who has reviewed the case and attests that the concerned healthcare professional didn’t adhere to the standard of care, which resulted in injuries or suffering of the victim.
How long does one have to file a medical malpractice lawsuit?
Like all states, Kentucky also has a statute of limitations for medical malpractice lawsuits, and for most situations, that is just one year. The clock starts from the day you were injured. It may happen that you discover your injury later, and in such circumstances, the count to deadline starts from that date.
Is there a limit to the compensation from medical malpractice lawsuits?
No, Kentucky doesn’t place a statutory cap on the damages one can recover from a medical malpractice case. Besides your immediate losses, you can also recover compensation for your pain, suffering and mental anguish. You can recover the cost of current and future medical care, lost wages, and direct losses.
Is it necessary to hire a medical malpractice lawsuit?
While you don’t necessarily need a lawyer to pursue your medical malpractice lawsuit in Kentucky, it is probably the best thing you can do. The right attorney can do the following for you –
- Evaluate what damages you can recover
- Establish the fault of the medical professional
- Check for evidence and witnesses
- Determine the best strategy for your case
- Negotiate on your behalf
In addition to all that, your lawyer will also find expert witnesses when necessary.
Do medical malpractice cases go to court?
The answer depends on your case. Many medical malpractice lawsuits in Kentucky are resolved outside of court, but there is always a chance that your case ends up in court. It is critical that you have an injury lawyer who has trial experience, which will ensure you have the choice to take further steps when required.
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