The majority of us trust doctors to take care of us when we’re sick, injured, or just going in for a check-up. What we don’t expect is for something to go wrong…for a doctor or nurse to misdiagnose or prescribe the incorrect dosage for medicine, or harm us during a procedure.
All medical professionals owe a duty of care to their patients and when they breach that duty, that’s when Peterson Law Office steps in. Our team of qualified Lexington medical malpractice lawyers is ready to help with your case. We have decades of experience fighting for victims like you, and recovering compensation for everything from medical expenses to emotional trauma.
But, the question remains, what should you do if you suspect medical malpractice? We’ll discuss that in this blog.
Common Types of Medical Malpractice
When you have a medical procedure or require medication or a medical device for a health issue, you expect things to go smoothly and without incident. But things go wrong more often than we want to think about.
The following are some of the most common types of medical or healthcare issues that can lead to a malpractice claim:
- Defective medical devices
- Medication errors
- Anesthesia errors
- Nursing home abuse or neglect
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Informed consent concerns
- Birth injuries
If you believe that you or someone you know has been a victim of medical malpractice, our attorneys at Peterson Law Office are ready to help.
Where Medical Malpractice Occurs
Unfortunately, medical malpractice can occur pretty much anywhere a patient can be seen by a medical professional, but here are the most common places:
- Doctor’s offices (including therapists, dentists, chiropractors, etc.)
- Rehabilitation facilities
- Nursing homes or long-term care facilities
Nursing homes, assisted living centers, and long-term care facilities have frequent claims of abuse or neglect against them. When residents of these places are not given the proper treatment or care or are harmed or die while in the care of a medical professional, there are usually valid grounds for a case.
Who Can Be Held Responsible for Medical Malpractice?
Cases that involve botched medical procedures or negligent medical professionals can be tricky and confusing, as it can be difficult to determine who is liable. In such cases, any of these people can be held responsible for medical errors that lead to malpractice:
- Nursing home or assisted living caregivers
- Pharmaceutical companies
For some of these on the list, it can be harder to prove they had a hand in your case, but with the help of a lawyer, proving liability will be much easier.
What You Can Do to Help Build Your Case
While you may think that you don’t have the qualifications to pursue legal actions without help, that’s not completely true. Even before you hire a medical malpractice attorney at Peterson Law Offices, you can begin to gather information and evidence like photos, medical records, witness statements, doctor’s notes, or autopsy results in the unfortunate case of the patient’s death.
In these cases, as your lawyer will inform you, it’s required to bring in a medical expert to help prove that medical negligence did indeed occur.
According to Kentucky law, any person filing a civil lawsuit against a healthcare or assisted living facility must first consult with a medical expert who will review the evidence. The medical expert must issue a Certificate of Merit confirming their findings for your case.
Follow your lawyer’s advice in all aspects of your case as they are the expert and want to get justice as badly as you do for the harm that occurred.
Legal Assistance is Readily Available for Your Medical Malpractice Claim
When you hire an attorney to help you with your medical negligence case, they won’t just talk to other lawyers or judges, they ensure all necessary evidence is collected, among other things. One of the biggest parts of confirming that a case falls into the category of medical negligence or malpractice is proving the following elements:
- A doctor-patient relationship existed and the medical professional owed you a duty of care
- The doctor violated their duty of care and harm or injury occurred
- You suffered losses due to the doctor’s actions
In addition to making sure your case meets the previous necessary elements, your lawyer will ensure that your claim is filed within the timeframe laid out by the state.
In Kentucky, the statute of limitations for medical malpractice claims is one year, except in certain cases, which your lawyer can discuss with you. If you don’t file your claim within that time, you likely won’t be able to pursue a case in the future.
Having a lawyer on your side, while not necessary to pursue a civil case, will only help you receive the compensation you deserve. Compensation for a medical negligence case can include:
- All medical costs relating to the negligence that occurred
- Lost wages, past, present and future
- Emotional damages such as post-traumatic stress (PTSD) or pain and suffering
Peterson Law Office is just a phone call away and we offer free, no-obligation consultations for cases like yours that occur anywhere in the state of Kentucky. If you believe that you’ve been the victim of medical negligence, contact us today to discuss the details of your case.