Blog
Posted on Apr. 11 2024 in Medical Malpractice Cases
In general, hospitals are required to provide emergency medical treatment. However, there are some situations where hospitals can deny both routine and emergency medical treatment. Here, we want to review the few circumstances where a hospital can deny treatment to individuals in Kentucky. When Does a Hospital Have to Provide Medical Care? In Kentucky, as in all states, hospitals with emergency departments are required under the federal Emergency Medical Treatment and Active Labor Act (EMTALA) to provide care to any patient needing emergency medical care, regardless of citizenship, legal status, or ability to pay. This includes stabilizing treatment for emergency medical conditions and labor and ensuring that transfers to another
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Posted on Mar. 21 2024 in Medical Malpractice Cases
If you or somebody you love has been harmed due to the negligent actions of a medical professional, you may be able to recover compensation. However, please understand that medical malpractice claims in Kentucky are incredibly challenging. It is crucial to thoroughly document your case, and this documentation process should start as quickly as possible after you know an injury occurs. Gather All Medical Records Securing compensation for a medical malpractice claim in Kentucky is going to revolve heavily around medical documentation. As soon as you know or suspect that you have been injured or become ill due to the negligence of a medical provider, we encourage you to start
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Posted on Mar. 5 2024 in Medical Malpractice Cases
Medical malpractice lawsuits involve claims against medical providers who allegedly failed to uphold their duty of care and caused harm to a patient. These are complex claims, and many people have misconceptions about what a medical malpractice case includes. At Meinhart & Manning, PLLC, we want to review some of these misconceptions. Medical Malpractice Claims Are Always Frivolous Anyone who throws around claims that medical malpractice cases are always frivolous has never likely endured the pain and suffering associated with a medical mistake. Individuals harmed due to the negligent actions of a medical professional need help. They are often able to recover compensation by filing a claim against the alleged
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Posted on Nov. 1 2023 in Birth Injury,Medical Malpractice Cases
If you and your family are expecting to file a birth injury lawsuit against an alleged negligent medical provider, you need to know what to expect. Birth injury lawsuits in Kentucky are challenging; there is no denying that. These claims involve complex medical issues, and there will most certainly be well-funded insurance carriers and legal teams on the other side of the case. Filing the Claim A birth injury lawsuit in Kentucky will typically start with an attorney working to obtain a “certificate of merit.” A certificate of merit is required by Kentucky Revised Statutes section 411.167. Under this requirement, plaintiffs must file the certificate along with their complaint (the
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Posted on Sep. 14 2023 in Birth Injury,Medical Malpractice Cases
According to information available from the Kentucky Cabinet for Health and Family Services, approximately 700 to 800 children are born in this state each year in locations other than regular hospitals. This includes births that occur at home. However, what happens if a child sustains an injury during a delivery at home? Who, if anybody, could be held liable for the child’s injuries? Here, we want to discuss home birth child injury liability. We strongly encourage you to reach out to an attorney if you have any questions or concerns about a home birth you have been involved in. Are Home Births Legal in Kentucky? Home birth is legal in
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Posted on Sep. 1 2023 in Medical Malpractice Cases
Patients have a right to know and understand any medical procedures a doctor or another medical professional recommends. Before any type of medical procedure, patients must give their informed consent unless they are otherwise unable to do so due to an incapacitation. Here, we want to discuss what informed consent means as well as what happens if a medical professional fails to obtain informed consent before carrying out a procedure. What Does Informed Consent Mean? According to the American Medical Association (AMA), patients have the right to “receive information and ask questions about recommended treatments so that they can make well-considered decisions about care.” The process of informed consent is
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Posted on Jul. 27 2023 in Medical Malpractice Cases
Birth injuries, whether they were preventable or injuries caused by the negligence of a health care provider, can have a tremendous impact on the lives of both a child and parent. Birth injuries can significantly affect the health and well-being of a child, as most people understand. However, there are significant emotional and psychological effects that a birth injury can have on parents as well. In this article, a Louisville medical malpractice lawyer delves into the effects of birth trauma on both parents and children. The Impact of a Birth Injury on the Child The impact of a birth injury on a child can be significant. Yes, there are times
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Posted on Jul. 13 2023 in Medical Malpractice Cases
Birth injuries are not uncommon. Sometimes, babies are born with an injury that nobody could have done anything about, but there are times when birth injuries are caused by the careless or negligent actions of medical professionals involved with labor and delivery. Some of the most common birth injuries include brachial palsy, broken or dislocated bones, caput succedaneum, paralysis, hemorrhaging, and more. Here, we want to review how parents or guardians know if they have grounds for a birth injury claim. We strongly encourage any person who suspects their child has been harmed due to a birth injury to reach out to an attorney as soon as possible. Was the
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Posted on Mar. 2 2023 in Medical Malpractice Cases
The information available from the Cleveland Clinic shows that cosmetic surgery is very common in the US. Data shows that providers conduct more than 15 million cosmetic procedures annually across this country. However, what happens if a person gets bad plastic surgery? These unfortunate incidents do occur, but do victims have recourse? Here, we want to examine whether or not you can file a lawsuit for bad plastic surgery as well as what you need to know about working with an attorney and the time frame to file these claims. The Medical Standard of Care for Plastic Surgery No matter what type of healthcare professional you work with, you need
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Posted on Oct. 19 2022 in Blog,Medical Malpractice Cases
When we examine data available from the Centers for Disease Control and Prevention (CDC), we can see that on any single day, approximately one out of every 31 patients in the hospital has at least one healthcare-acquired infection. Not every infection that a person sustains in a healthcare setting is the fault of a medical provider, but there are steps that healthcare workers can and should take to prevent infections from occurring. In some cases, bacterial infections could be considered medical malpractice. How Could an Infection Be a Medical Mistake? When Johns Hopkins released data showing that medical errors are the third leading cause of death in the country, most
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