How to File a Complaint Against a Doctor in Kentucky
Healthcare providers are held to a high standard for patient care. They have a duty to provide care and treatment that meets the medical standard of care. If doctors breach their duty of care, they could be held financially responsible for the injuries and losses they cause.
If a doctor has injured you, you may consider filing a complaint or medical malpractice claim. This blog discusses how to file a complaint against a doctor in Kentucky and the damages you could be entitled to for a medical malpractice case.
How Do I File a Complaint Against a Doctor in Kentucky?
A “complaint” may mean two different things. A patient may file a complaint with the Kentucky Board of Medical Licensure for grievances. The Board reviews grievances and may take one or more disciplinary actions against the doctor. However, it does not award damages to patients for medical malpractice claims.
To file a civil complaint for medical malpractice, you must do so through the courts. The complaint alleges that the doctor caused you harm because of various negligent, intentional, or wrongful acts. It also outlines your damages and injuries. The complaint discusses why the doctor is liable for your damages under applicable law.
Generally, Kentucky law requires you to consult a medical expert before you file a medical malpractice complaint. You must file a Certificate of Merit with the medical malpractice complaint. The certificate states that you have met with at least one medical expert and have concluded that, based on the review by the expert, there is a reasonable basis on which to file your complaint.
Medical malpractice cases are complex personal injury claims. You must follow specific rules, or the court could dismiss your case. For example, there is a strict deadline to file most medical malpractice complaints. Missing the deadline could cause you to lose your right to file a complaint.
Therefore, consulting with a medical malpractice attorney as soon as possible is wise. An experienced lawyer understands the laws and rules for these types of claims and can help protect your rights to sue the doctor who caused your injuries.
Common Reasons for Complaints Against Doctors in Kentucky
Doctors and healthcare providers make many mistakes. Medical errors can cause significant patient harm. Examples of negligence and medical mistakes that could result in a medical malpractice complaint against the doctor include:
- Misdiagnosis and failure to diagnose
- Surgical errors, including leaving foreign objects in a patient’s body
- Inadequate follow-up care
- Failing to recognize or consider a patient’s symptoms
- Diagnostic errors
- Anesthesia mistakes
- Delays in treatment
- Failing to order diagnostic tests
- Birth injuries
- Incorrect use of medical devices
Proving medical malpractice requires sufficient evidence to establish that the doctor owed you a duty of care and violated that duty of care by failing to meet the required medical standard. You must also prove that the breach of duty caused your injuries and damages.
Damages Available for a Complaint Against a Doctor in Kentucky
Victims of medical malpractice can receive compensation for their economic and non-economic damages. Examples of damages in a Kentucky malpractice case include:
- Scarring and disfigurement
- Medical bills and expenses
- Impairments and disabilities
- Physical therapy and rehabilitative care
- Emotional distress and mental anguish
- Lost wages and benefits
- Pain and suffering
- Out-of-pocket expenses
- Loss of enjoyment of life
- Diminished earning capacity
- Reduced quality of life
Some states limit the amount of compensation a person can receive for medical malpractice claims. However, there are no caps for damages in Kentucky. Therefore, you can receive the full amount of damages a jury attributes to the doctor’s malpractice.
Will My Complaint Against a Doctor Go to Trial?
When you file a medical malpractice claim, the doctor’s malpractice insurance company handles the claim. It investigates your allegations to determine whether the doctor made a medical error or was negligent.
The insurance company may be willing to settle your claim without going to court. However, each case is different. The circumstances and factors involved in your case help determine whether a settlement may be possible. An experienced medical malpractice attorney can review your case and advise you of your legal options.
Learn More About Medical Malpractice Claims in Kentucky
Our Fort Mitchell medical malpractice lawyers at HJV Car Accident Personal Injury Lawyers can help you pursue claims against the medical professionals who caused your injuries. Contact our office for a free consultation to discuss your case with an attorney.
Contact the Louisville Medical Malpractice Law Firm of HJV Car Accident Personal Injury Lawyers for Help Today
For more information, don’t hesitate to contact HJV Car Accident Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in Louisville today. We have two convenient locations in Louisville and Fort Mitchell, Kentucky.
We proudly serve Jefferson County, Kenton County, and its surrounding areas:
HJV Car Accident Personal Injury Lawyers – Louisville, KY Office
600 W Main St Ste 200
Louisville, KY, 40202
(502) 540-5700
HJV Car Accident Personal Injury Lawyers – Fort Mitchell, KY Office
2380 Grandview Dr
Fort Mitchell, KY, 41017
(859) 578-4444