What Professions Can Be Held Liable For Medical Malpractice?
Medical malpractice claims are those brought against medical professionals or businesses that engage or employ 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 attorneys will thoroughly investigate your medical negligence case to identify those individuals or entities that may be responsible for causing your injuries. While our firm is located in Louisville, we help clients throughout Kentucky recover compensation for medical malpractice.
What Is The Most Common Type Of Medical Malpractice Claim?
The most common type of medical malpractice claim is negligence. In order to bring a claim for medical negligence, our medical malpractice attorneys 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 medical malpractice claims could include a lack of informed consent, battery and/or fraud.
What Experience Do You Have With Medical Malpractice Claims Against Professionals?
Our medical malpractice lawyers have filed suit and litigated claims against almost all types of medical professionals. Hance & Srinivasan, P.L.L.C., has litigated cases against hospitals, clinics, physicians, physician’s offices, nurses and nursing homes. Our medical negligence lawyers 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 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 prescribed period of time, known as the statute of limitations.
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 medical malpractice attorney who is well-versed in the laws to ensure compliance can be quite daunting and risky. Therefore, consulting with a Kentucky medical malpractice attorney to help you navigate this situation is always a wise idea.
Why Do I Need A 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 medical negligence attorneys 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 long-standing 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 medical negligence lawyers 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 can sometimes get a sense of closure.
What Type Of Medical Malpractice Suits Does Your Law Firm Cover?
Our medical malpractice lawyers handle all types of medical malpractice cases across the Commonwealth of Kentucky. For example, our 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 medical malpractice 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. Our medical malpractice attorneys 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 through an expert that you have a valid claim, then we can potentially proceed to the next step of filing a lawsuit.
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).
How Would I Know If A 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 our medical malpractice lawyers at Hance & Srinivasan, P.L.L.C. Located in Louisville, we work with clients throughout all of Kentucky. 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 medical malpractice law in Kentucky allows an individual harmed by a health care provider to file a lawsuit.
• Filing a medical negligence 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 our medical negligence lawyers would file for you if you have a valid claim is a civil lawsuit.
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:
- Your medical expenses
- Lost wages
- Loss of power to labor and earn money
- Pain and suffering, both past and future
The decision to sue or not to sue is ultimately your decision to make. Our medical negligence attorneys at Hance & Srinivasan, P.L.L.C., 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 if our initial review of the case reveals that it might have merit.
Although no one can guarantee that you will win in a lawsuit, Hance & Srinivasan, P.L.L.C., 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. It is in your best interest to contact us immediately to give us sufficient time to thoroughly investigate your case.
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.
Our medical negligence attorneys at Hance & Srinivasan, P.L.L.C., have experience in investigating and handling medical negligence cases. By nature, the statute of limitations, the investigation and the 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, P.L.L.C. – Our medical malpractice attorneys who will fight for what is right in cases throughout Kentucky.
At Hance & Srinivasan, P.L.L.C., our personal injury law firm in Louisville, KY, focuses on the following practice areas:
- Car accidents
- Medical malpractice
- Truck accidents
- Motorcycle accident
- Nursing home abuse
- Product liability
- Birth injury
- Wrongful death
Why Choose Our Medical Malpractice Lawyers For Help In Professional Matters?
Our 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 extensive experience with medical malpractice cases gives us the edge in investigating your case and in litigating it if we are able to file a lawsuit.