Fort Mitchell Medical Malpractice Attorney
A medical malpractice claim can have the power to restore your life back to normal as much as possible after suffering a serious injury or illness due to a health care practitioner’s mistake. At Hendy | Johnson | Vaughn | Emery, our Fort Mitchell medical malpractice lawyers have been representing patients and their family members in medical malpractice cases for many years. We understand how much medical malpractice can impact a victim and are passionate about pursuing justice. Please contact us for a free consultation with an attorney today.
Why Choose Our Forth Mitchell Medical Malpractice Lawyers?
- We have a proven record of success with complicated cases and going up against powerful insurance corporations. This includes hospitals, doctors and other health care defendants.
- Our attorneys are committed to client success. We provide honest and transparent communication and frequent case updates during medical malpractice claims.
- We accept Fort Mitchell medical malpractice cases on a contingency fee basis. This means you won’t pay us anything unless we succeed in securing financial compensation for your losses.
Why You Need a Fort Mitchell Medical Malpractice Attorney
Dealing with a medical malpractice case on your own can put you at risk of being taken advantage of by a defense attorney or insurance company. Insurance companies are reluctant to pay claims. They generally care more about their own profitability than their clients. This can result in many tactics used to save money on a payout. The best way to protect yourself from these tactics is by hiring an attorney. A medical malpractice lawyer will understand all of Kentucky’s complicated related laws and how to navigate them on your behalf. Your lawyer can negotiate for maximum financial compensation for you while you focus on your future.
What Is Medical Malpractice? What Are Common Examples?
The tort of medical malpractice refers to a professional in the health care industry falling short of the standards of medical care and causing a patient’s injury or death. Any act or omission that a reasonable and prudent medical professional would not have done in the same or similar circumstances can constitute medical malpractice. Examples include:
- Medication mistakes: prescription errors, such as the wrong drug, wrong dosage, a medication that the patient is allergic to or one that will have an adverse drug interaction with something the patient is already taking.
- Diagnostic mistakes: errors that lead to the patient not being properly or promptly diagnosed, such as misdiagnosis, delayed diagnosis or failure to diagnose. Diagnostic errors can mean that a patient does not receive the treatment he or she needs or misses the treatment window.
- Surgical errors: careless mistakes during an operation, such as nicking a nerve or artery, causing uncontrollable bleeding, or leaving a foreign object in the body cavity. Operating on the wrong patient or wrong site is also an example of a surgical error.
- Anesthesia mistakes: an anesthesiologist miscalculating the dosage for a patient, resulting in too little or too much anesthesia given to the patient. These mistakes can cause severe and fatal brain injuries due to a lack of oxygen.
- Failure to treat: negligently discharging a patient too early, such as before properly diagnosing a condition or referring the patient to a specialist. This can happen in an overcrowded or understaffed hospital.
- Birth injuries: injuries caused to mother or baby during pregnancy, labor or delivery due to the negligence of the physician or OBGYN. Examples include brain injuries, broken bones, paralysis, nerve damage, cerebral palsy and Erb’s palsy.
In Kentucky, an injured patient or surviving loved one can file a medical malpractice claim if any breach of the medical standard of care results in patient injury or wrongful death. If you are not sure whether your situation gives you grounds to file a medical malpractice claim in Fort Mitchell, tell your story to our attorneys at no cost or obligation to find out.
Medical Malpractice vs. Medical Negligence
Medical malpractice and medical negligence sound similar, but they have different meanings in a legal context. Medical malpractice means that a health care provider was aware or reasonably should have been aware of the possibility of patient injury but committed the negligent act or omission anyway. Medical negligence is when a health care professional unintentionally makes a mistake. If you are a victim of either, you might have grounds to file a civil lawsuit in Kentucky for your injuries.
Kentucky Medical Malpractice Laws
Special laws apply to medical malpractice claims in Kentucky compared to standard personal injury cases. This is why it is important to find a lawyer that specifically handles medical malpractice claims and has a history of success with these cases. Your case may involve many unique laws, statutes and medical industry standards.
One of the many benefits that you can enjoy when you hire an attorney is having a knowledgeable professional navigate Kentucky’s medical malpractice laws for you. While an attorney can be invaluable during any personal injury case, medical malpractice is an especially complex area of the law. You may need to rely on an attorney to explain and deal with the state’s medical malpractice laws for you throughout the legal process.
Certificate of Merit Requirement
Kentucky law requires anyone with a medical malpractice claim to submit a certificate of merit along with the initial complaint. This is an affidavit that states that the plaintiff’s attorney has reviewed the facts and consulted with an appropriate medical expert, and that in the expert’s opinion, the medical malpractice case has merit.
An appropriate medical expert is typically someone with licensure or ample experience in a field of medicine similar to the defendant. This requirement may be waived if the plaintiff’s lawyer made three good faith attempts to get an opinion but none of the experts would agree to a consultation, or if it was not possible to get the expert’s opinion before the expiration of the statute of limitations.
A damage cap is a law that is in place in many states to limit the amount of financial compensation that can be awarded in an injury claim. They are often instituted only for certain types of cases. Medical malpractice is one of them, as a state may wish to protect its doctors and hospitals from going bankrupt due to having to pay settlements. However, there is no such damage cap in place in Kentucky. There is no limit on the actual amount of damages a jury can award to a plaintiff in a successful medical malpractice claim.
How Long Do You Have to File a Medical Malpractice Claim in Kentucky?
Kentucky has many laws that pertain specifically to medical malpractice lawsuits. One is the statute of limitations. This is a filing deadline that claimants must meet for valid lawsuits. It is very important to file your case by the deadline, as waiting too long can make you ineligible for financial compensation. The statute of limitations on medical malpractice lawsuits in Kentucky is one year from the date of the alleged act of malpractice or one year from the date that the patient discovered or reasonably should have discovered the injury – whichever is later.
What Damages Can I Recover from a Medical Malpractice Claim in Fort Mitchell?
The tort of medical malpractice can have devastating consequences for a patient, including catastrophic injuries that cost thousands of dollars in medical care alone. Some patients suffer long-term and permanent disabilities due to the mistakes of a careless health care provider. While nothing can reverse these injuries, fair financial compensation (also known as damages) can help a victim and his or her family move forward with less financial stress.
You may be eligible for the following types of damages during your medical malpractice claim in Fort Mitchell:
- Economic damages: the monetary or financial losses caused by the negligent act or omission, including medical bills, physical therapy or rehabilitation, disability expenses, travel and transportation, legal fees, and lost wages and capacity to earn.
- Noneconomic damages: the non-monetary costs of medical malpractice, including your pain and suffering, emotional distress, anguish, mental harm, psychological trauma, PTSD, lost quality of life and loss of enjoyment of life.
- Punitive damages: compensation that is sometimes awarded if a defendant acted with malice, intent to harm or gross negligence. While these damages are rare in medical malpractice claims, they may be granted if a judge wishes to punish the defendant.
- Wrongful death damages: if a loved one was fatally harmed by medical malpractice, your family may be eligible for damages for reasonable funeral and burial costs, lost wages and inheritance, loss of the decedent’s care and companionship, and your grief and suffering.
At Hendy | Johnson | Vaughn | Emery, we will use proven tactics to seek maximum financial compensation for your past and future losses. Our medical malpractice lawyers are committed to achieving the best possible results for each case using personalized legal strategies. We will carefully evaluate how much your case is worth, represent you during negotiations with an insurance claims adjuster and take your case to trial in Fort Mitchell, if necessary. With our attorneys by your side, you can optimize your financial recovery when results matter most.
How Do You Prove Medical Malpractice?
When you file a medical malpractice claim, you are required to meet the burden of proof as the filing party or plaintiff. Hiring a medical malpractice attorney in Fort Mitchell can make it easier to meet your burden of proof and establish a medical practitioner’s fault for your injuries. Proving medical malpractice generally requires evidence of the following four elements:
- You had a doctor-patient relationship with the defendant at the time of the alleged act of malpractice. This will establish the defendant’s duty of care.
- The defendant breached the required standards of patient care through some act or omission that fell short of the expectations of the medical industry.
- The defendant’s breach of the standard of care was the direct or actual cause of your injuries.
- You suffered real, compensable losses because of the medical malpractice, such as injuries and medical costs.
A lawyer can immediately go to work to preserve and collect key evidence, such as your medical records and eyewitness statements. Then, your lawyer can present this evidence in a compelling way to a judge and jury. Working with an attorney can give you the ability to rest and relax while an experienced professional establishes the grounds of your claim.
Timeline of a Medical Malpractice Case
Every medical malpractice case is unique. The length of time that a claim takes to reach a settlement or result in a jury verdict can be unpredictable. These are highly complex and nuanced cases that can take one to three years or longer to be resolved after the lawsuit is filed. In general, a case that goes to trial will take longer than one that reaches a settlement. Settlements can be reached within several months to a year, in most cases.
How long medical malpractice litigation takes depends on the circumstances. If it is an especially complicated subject that requires medical expertise, it may take longer for the details to be worked out. The discovery phase in these cases may be lengthy while both sides of the case gather evidence and information and consult with experts. If the courthouse is busy, the assigned court date could be many months in advance. A simpler case, on the other hand, may not take as long or may settle before it goes to trial.
It is natural to want to resolve your medical malpractice case as quickly and efficiently as possible. You can save time and money by hiring an experienced attorney. An attorney will have staff and resources to file your claim and conclude the legal process with no time wasted. At the same time, an attorney can prevent you from rushing into a fast insurance settlement that does not adequately address your needs or compensate you for a serious injury.
Speak to a Fort Mitchell, KY Medical Malpractice Lawyer Today
If you or someone you love has been injured by the mistakes, carelessness, wanton disregard or recklessness of a health care provider in Fort Mitchell, Kentucky, find out how Hendy | Johnson | Vaughn | Emery can help. Our law firm has the knowledge, personnel and resources to build a strong medical malpractice claim against any hospital or health care provider in the state on your behalf. We will make sure that you have everything you need to move forward after this type of trauma. Please call (859) 578-4444 or contact us online now to schedule your free consultation. Justice starts here.