Medical Malpractice Lawyers in Louisville, Kentucky
What professions can be held liable for medical malpractice?
Medical Malpractice claims can be brought against just about any person who is a professional or a business that engages or employs professionals. Medical malpractice claims, in particular, are those brought against medical professionals or businesses that engage or employ these medical professionals. These medical professionals may include, but are not limited to, doctors of various specialties, nurses, therapists, pharmacists, podiatrists, chiropractors, and psychologists. Our Louisville medical malpractice attorney will thoroughly investigate your case to identify those individuals or entities that may be responsible for causing your injuries.
What are the most common type of medical malpractice claims?
The most common type of medical malpractice claim is negligence. In order to bring a claim for negligence, we must first determine whether a medical professional met the standard of care. The standard of care is a set of rules that a medical professional must follow while taking care of an individual in a certain situation. Depending on the particular circumstances, other potential claims could include a lack of informed consent, battery, and/or fraud.
What experience do you have with medical malpractice claims against professionals?
Our Louisville medical malpractice lawyers have filed suit and litigated claims against almost all types of medical professionals. Hance & Srinivasan, PLLC, has litigated cases against hospitals, clinics, physicians, physician’s offices, nurses, and nursing homes. We will thoroughly investigate your medical malpractice case to identify all responsible parties.
What is Medical Malpractice?
Medical malpractice is another term for medical negligence. Basically, medical malpractice is when a medical professional or facility fails to practice medicine according to the applicable standard of care and, as a result, someone is injured.
What are some of the laws in Kentucky pertaining to Medical Malpractice?
Medical malpractice law in Louisville, Kentucky is a broad-ranging subject covering several aspects of the various rights and responsibilities of both the healthcare provider and patients. For example, for individuals who have been harmed by a healthcare provider, the law requires that all negligence claims must be brought within a proscribed period of time, known as the Statute of Limitations. As of June 29, 2017, in Kentucky, a recent law now requires the victims of medical malpractice to obtain an opinion from a panel of health care providers regarding the merits of their claims before filing suit in court, but the constitutionality of this law is being challenged. Regardless of the panel system, once a claim has been filed in Court, many other medical malpractice laws and court rules regarding the testimony and qualifications of expert medical witnesses, medical records, and the admissibility and discoverability of evidence, have to be followed. Navigating through a medical malpractice claim without a Louisville Medical malpractice attorney who is well-versed in the laws to ensure compliance can be quite daunting and risky. Therefore, consulting with a Louisville Medical malpractice attorney to help you navigate this situation is always a wise idea.
Why do I need a Louisville Medical Malpractice attorney?
Medical negligence is a highly specialized and sophisticated area of the law with complex issues that need to be investigated prior to bringing a claim. In order to understand these complex issues, it is necessary to seek the help of specialists in the field who have the background knowledge and experience to explain the complexities of the case. The majority of these medical malpractice cases require us to engage and pay an expert to review the case. Medical malpractice claims are thus time-consuming and costly. As a result of our longstanding experience in this area of the law, we have developed a database of well-qualified specialists in various areas of expertise who will review your case objectively and give their honest opinion. Most of our clients are looking for answers. Having access to specialists who can explain why something happened and if it could have been prevented, helps us provide our clients with the answers they seek. In this way, our clients get a sense of closure.
What type of Medical Malpractice suits does your Louisville law firm cover?
Our Louisville medical malpractice lawyer handles all types of medical malpractice cases in Louisville. For example, our Louisville trial attorneys have successfully litigated claims concerning birth injuries, surgical errors, failures to diagnose, misdiagnoses, delayed diagnoses, falls, nursing errors, pharmacy errors, nursing home neglect, elder abuse, and wrongful death.
How can you tell I have a valid medical malpractice claim?
Whether your claim is valid requires a multi-step process. In order to determine whether you have a legally valid claim, we will first listen to your story. We will then gather the information and documents necessary to support the underlying facts of your story. Based on our review of the information obtained, we may send it to a suitable expert for further review and analysis. If we are able to establish that you have a valid claim, then we will proceed to the next step.
What are the consequences of medical malpractice?
Medical malpractice errors have devastating consequences for everyone involved. When an individual goes to a medical professional for help, the care provided to the individual must be within the standard of care. Such care will have to be timely, appropriate, complete, and adequate. When medical professionals fail to follow the standard of care in providing services to people, serious harm or injury can occur. These injuries can have catastrophic consequences and permanent damages. When a person has been injured in this way they suffer losses of different kinds. These losses may be physical impairment, emotional or psychological impairment, pain and suffering (past, present, and future) and monetary/economic losses. Often times the losses extend beyond the person into the lives of their family members (spouse, children, and parents).
What is “medical negligence”?
Medical negligence or medical malpractice occurs when a health care provider — a doctor, chiropractor, nurse, therapist or a dentist, to name a few — undertakes to provide care but does not follow the standard of care and, as a result, causes harm and injures a patient.
How would I know ifa health care provider has caused me harm?
Oftentimes, it is hard to tell that a health care provider has caused you harm. This is because the nuances of medical negligence or medical malpractice are complex and often difficult to understand. Although doctors and other providers do not guarantee a certain result, there are times that your expectations of a particular care are not met. Sometimes results are unavoidable but others could have been better if only the provider had done what he/she was supposed to do or avoided doing something he/she was not supposed to do that resulted in your injury.
Subsequent treating doctors or second opinion doctors will sometimes share with you if they believe your original care and treatment was appropriate or not. Your persistent problems or additional problems may be other signs that something is not right.
When in doubt, call the lawyers at Hance & Srinivasan. We will listen to your story and share our thoughts on your potential case so you can make an informed decision as to your next steps.
To sue or not to sue?
The law in Kentucky allows an individual harmed by a health care provider to file a lawsuit.
• Filing a lawsuit allows you to assert your right to a trial by jury and gives you the opportunity to claim and recover certain damages as a result of the medical negligence
The type of lawsuit we file for you will be a civil suit.
• A civil suit does not take away someone’s license to practice medicine or cause them to go to jail
• You can recover money damages to compensate you for your loss and under special circumstances punitive damages
• Items you can potentially get compensated for include
o Your medical expenses
o Lost wages
o Loss of power to labor and earn money
o Pain and suffering, both past and future
The decision to sue or not to sue is ultimately your decision to make. We at Hance & Srinivasan will sit down with you, review the medical records if necessary and provide you a comprehensive summary of the facts of your case. Our investigation will also take into consideration the opinions of a medical expert, where necessary.
Although no one can guarantee that you will win in a lawsuit, we will represent you so as to give you the best odds at winning.
How much time do I have to bring a lawsuit for medical negligence or malpractice?
The time within which a person who suffers injury because of another person or thing must bring a lawsuit is called the statute of limitations. If you do not bring your lawsuit within the required time, your legal claim can be barred and your right to sue will be lost forever.
In order to preserve your right to bring a lawsuit, contact us right away. Remember, a lot of work has to be done before making the determination of whether we can file a lawsuit on your behalf. So, it is in your best interest to contact us immediately to give us sufficient time to thoroughly investigate your case.
The statute of limitations is different for different types of cases. Generally, the statute of limitations for a medical negligence lawsuit against a physician, dentist, surgeon, or hospital licensed pursuant to KRS Chapter 216, is one year from the date the injury is first discovered or in the exercise of reasonable care should have been discovered.
In addition, under the continuous treatment rule, where a negligent doctor is providing care to a patient and treats the patient with the goal of getting him/her better, the patient has one year from the last date he/she saw the doctor to bring a lawsuit for injuries sustained.
The Statute of Limitations in certain specific situations where a person has been harmed by a medical care provider are as follows:
• Where a person dies as a result of someone’s negligence, the Estate Representative (Executor or Administrator) of the deceased has one year from the date of being appointed to the Estate to bring lawsuit on behalf of the deceased. This date cannot exceed two years from the date of death, however.A spouse of a deceased may bring a claim for the loss of spousal consortium but such claim should be brought within one year of death
• Where minors have been harmed, while the parents or court-appointed Guardian may bring a suit on behalf of the minor, the minor has up to one year from the date of his/her eighteenth (18th) birthday to bring a lawsuit
• If an individual is deemed disabled or mentally incompetent, the statute is tolled until the disability is removed
What can I do about my injuries following the care of a medical care provider?
The most important thing to do is to get appropriate medical care. Your health is the most important asset. Early evaluation, intervention, and support will help minimize the adverse effects of your prior treatment and provide the maximum opportunity to achieve recovery. It is important to keep your doctor’s appointments, follow your doctor’s advice,and remain compliant with your doctor’s orders.
You can file a lawsuit against the medical care providers who managed your care and treatment. We, at Hance & Srinivasan, have experience in investigating and handling medical negligence cases. By nature, the statute of limitations, the investigation, and evaluation of injuries due to medical malpractice are complex and fraught with difficulties. In order to prevail, you have to prove not only that a medical care provider did not follow the standard of care but also prove that their failure to follow the standard of care caused your injuries.
If you are considering pursuing a claim, make sure to get zealous representation. Call Hance & Srinivasan – Louisville medical malpractice attorneys who will fight for what is right.
Why choose your Louisville medical malpractice lawyers for help in professional matters?
Our Louisville medical malpractice attorneys are passionate about our work and dedicated to meeting the needs of our clients. Collectively, we have more than 50 years of experience in litigating medical malpractice claims. Our medical malpractice cases experience gives us the edge to know how to investigate your case and obtain the necessary information.