Louisville Medical Malpractice Attorney
The last thing that anybody should have to worry about when they need to seek medical assistance is that they will be harmed by the careless or negligent actions of a healthcare professional. Unfortunately, medical errors are one of the leading causes of death in the United States. At the Law Offices of Hendy | Johnson | Vaughn | Emery, we are here to help if you or a loved one had been injured due to medical error. Our Louisville medical malpractice lawyers will investigate your case and work to secure any compensation you are entitled to. Send us a message using the online form or dial (859) 578-4444.
Louisville Medical Malpractice Resources
- What Does a Medical Malpractice Attorney Do?
- Common Types of Medical Mistakes
- Proving Medical Malpractice
- What is the Kentucky Statute of Limitations?
- What Type of Compensation is Involved in Medical Malpractice cases?
- Steps of a Medical Malpractice Claim
Why choose Hendy Johnson Vaughn Emery for this case?
For medical malpractice lawsuits, you need an attorney with vast experience handling complex personal injury cases. The team of Louisville personal injury lawyers at Hendy | Johnson | Vaughn | Emery is ready to get to work.
- We have a proven track record of success in standing up to aggressive insurance carriers and major corporations, having secured billions of dollars in compensation for our clients.
- We are committed to consistent, transparent communication with every client. You always have access to your attorney to ask questions or raise concerns about your case.
- We take Louisville medical malpractice cases on a contingency fee basis, which means our clients pay nothing until we secure the compensation they deserve.
How will an attorney help a medical malpractice case?
Medical malpractice cases are notoriously complex, and an injured individual likely does not have the legal experience or resources necessary to properly pursue compensation. A skilled Louisville medical malpractice lawyer will be responsible for every aspect of your case. This includes:
- Obtaining all evidence related to the mistake and looking into the history of the medical professional and facility involved.
- Ensuring that the client receives skilled medical care and that their total expected medical costs are properly calculated.
- Negotiating with all parties involved, including aggressive insurance carriers, to secure the compensation the victim needs.
How often do medical mistakes occur?
According to researchers at Johns Hopkins University School of Medicine, medical errors are the in this country – approximately 250,000 annual deaths. This accounts for approximately 10% of all deaths in the United States each year, according to researchers.
This data only shows us part of the overall picture, because millions more are injured due to medical errors and survive. Victims are often left dealing with immense consequences of these medical errors.
What are the most common types of medical mistakes?
There are many types of medical mistakes that can occur and cause significant patient harm. Some of the most common medical errors that we help clients with include:
- Medication errors. This can include a patient receiving the wrong medication, the wrong dosage of their medication, or not receiving their medication at all.
- Healthcare-acquired infections. Studies indicate that approximately 1.7 million people acquire infections while receiving treatment for medical or surgical conditions each year.
- Misdiagnosis or a failure to diagnose. Researchers at Johns Hopkins say that diagnostic mistakes cause more patient harm than any other medical error.
- Delays in treatment. Whether due to a diagnosis issue or an overworked system, a delayed diagnosis can lead to significant patient harm.
- Inadequate follow-up treatment. Medical professionals must properly follow up with patients in order to ensure that the treatment is effective.
- Surgical or anesthesia mistakes. Any mistake made in surgery can be detrimental to a patient, including operating on the wrong body part, leaving foreign objects inside of a patient, inadequate calculation of anesthesia, birth injuries and more.
How Do You Prove Medical Malpractice?
The burden of proof in a medical malpractice lawsuit rests with you as the plaintiff or filing party. This means it is your responsibility (or that of your attorney) to prove your case. This burden is a preponderance of the evidence in a civil lawsuit, meaning clear and convincing evidence of fault. Proving a medical malpractice case can be difficult, as you must establish a breach of the medical industry’s standards of patient care. Four main elements of proof are necessary:
- Duty of care. A doctor-patient relationship must have existed, giving the doctor an official duty to uphold the correct medical standards of patient care.
- Violation of the duty of care. The defendant must have acted outside of the duty of care, such as by failing to communicate or ignoring hospital protocols.
- Causation. The defendant’s departure from the standard of care must be the proximate (main) cause of the patient’s injury or illness.
- Damages. The victim must have suffered specific and compensable damages because of the malpractice, such as medical bills, lost wages, and pain and suffering.
If you believe you have all the elements of a medical malpractice claim, speak to an attorney at the Law Offices of Hendy | Johnson | Vaughn | Emery. Our lawyers will listen to your story and offer our best advice based on the circumstances. We can let you know if your case has merit and how to proceed with filing a claim in Louisville, if so.
Evidence in a Medical Malpractice Case
Most medical malpractice claims require expert medical opinions. A medical expert is someone with a great deal of knowledge or experience in a medical field relevant to the case. A medical expert can explain a complex medical concept in terms that a jury will understand, such as how a patient’s injury was sustained and what the doctor should have done to prevent the injury. The testimony that a medical expert gives could help prove your case against a doctor or hospital.
Other types of evidence that may help you prove a medical malpractice case are your medical records, notes from a doctor, eyewitness statements, hospital activity logs, photographs and video footage, and a coroner’s report (in a case involving patient death). Our attorneys can immediately go to work on protecting and collecting key evidence to support your claim. We can send Letters of Preservation, for example, which force a defendant to retain certain types of evidence for use during the case. The lawyers at our firm will build the strongest possible case on your behalf using compelling evidence.
What is the statute of limitations for a Louisville medical malpractice case?
Each state is responsible for setting time limits that victims have to file medical malpractice lawsuits. It is important that you contact an attorney as soon as possible as there are specific statute of limitations for each type of case which sets time limitations in which to file a lawsuit or your potential case will be forever barred.
Please contact the Louisville medical malpractice attorneys at Hendy Johnson Vaughn Emery to discuss your potential case and the applicable statute of limitations.
How much compensation is available for this case?
The total amount of compensation that a victim of a medical mistake receives will vary depending on specific factors related to their case. However, it is not uncommon for medical malpractice victims to receive the following types of compensation for their claim:
- Coverage of all medical expenses related to the error(s)
- Coverage of lost income and benefits if you cannot work
- Loss of enjoyment of life damages
- Pain and suffering damages
- Possible punitive damages against the healthcare provider/agency responsible
Are there caps on damages for these cases?
Many states place caps on how much a person can receive in compensation for medical malpractice cases, particularly for non-economic damages such as pain and suffering. However, there are currently no caps on medical malpractice damages in Kentucky. This means that victims of medical mistakes can recover any financial losses that are attributed to the mistake, which is why it is so important to have a skilled medical malpractice attorney fighting on your behalf.
Steps of a Medical Malpractice Claim
Knowing what to expect during your medical malpractice claim can give you greater peace of mind throughout the legal process. Although every case is unique, most progress through the following steps:
- Claims filing. The required court forms are filled out and filed by the plaintiff with the appropriate courthouse in the county where the defendant lives.
- Investigation and discovery. Both parties will investigate the case to determine what happened and gather evidence related to the incident. This phase may also involve medical expert depositions.
- Settlement negotiations. The parties can negotiate using alternative dispute resolution, such as mediation and arbitration, to try to reach a settlement.
- Trial. You will be assigned a court date and attend a trial, where both sides will present evidence and a jury will determine whether or not you met your burden of proof.
- Appeal. Some medical malpractice lawsuits are followed by an appeal, which is a claim filed to try to overturn the jury’s decision.
Most medical malpractice cases are resolved at the settlement stage with an agreement signed by both parties. However, our lawyers are prepared to go to trial on your behalf if this is necessary to achieve the outcome that you deserve.
Contact a Louisville Medical Malpractice Attorney for Free Today
If you have been affected by the negligence of a medical team, our medical malpractice lawyers are here to help. When you need a Louisville medical malpractice attorney, the team at the Law Offices of Hendy | Johnson | Vaughn | Emery is ready to get to work. You can contact us for a free consultation by clicking here or by calling us at (859) 578-4444.
“Ron and staff were very compassionate, hard working and always quick to answer any questions or concerns I had. I would not hesitate to use them again.” – Melanie L.