Although patients trust doctors with their lives, doctors and healthcare facilities can be prone to making mistakes. Miscommunications, surgical errors, lack of sanitation, and negligent or incompetent physicians can all harm unsuspecting patients. It is a physician’s duty to fulfill the accepted standards of care when treating a patient. Anything less, resulting in patient harm or death, is malpractice. At Meinhart, Smith & Manning, PLLC, our Louisville medical malpractice lawyers are dedicated to helping families fight back, prevent future injustices and seek just compensation.
To bring a valid claim of medical malpractice in Kentucky courts, you must follow all the rules and procedures for filing. There is a specific courtroom in Louisville that will hear your case depending on its value. This process involves a lot of red tape and paperwork you must go through to file your med mal claim against a doctor, surgeon, hospital, and/or other party. Working with one of our Louisville medical malpractice attorneys takes this burden off of your shoulders, as we understand how to navigate all applicable statutes.
Two of the most important Kentucky laws for medical malpractice lawyers are:
Unlike states that give two to five years after the medical malpractice incident to file a claim, Kentucky’s statute of limitations is one year. The clock starts ticking the day you discover your injuries, which might not be the same day you sustained them. For example, if you discover a surgeon left a cotton swab in your body after five years, you have one year from the date of discovery to file, not from the date of the surgery. These fine details can be best identified by an experienced med mal attorney.
The only way a Kentucky court will hear a med mal claim is if the injured patient files a complaint document with a medical review panel first. The medical review panel will look at the facts of the case, check the patient’s medical history, hear expert testimony, and then give an opinion about the case’s merit. The only way to avoid the review panel is if all parties elect to skip it. The filing of the complaint with the panel tolls the statute of limitations clock.
Beyond the medical review panel, an expert witness who is willing to testify in support of your malpractice claims can provide a huge courtroom advantage. An expert witness should be a professional who works in the same or similar capacity as the defendant and can therefore help you prove a reasonable and prudent professional would not have done the same thing the defendant did, resulting in catastrophic injuries.
Working with our med mal attorney team will help you adhere to all the various rules and laws involved in filing your claim and improve your odds of receiving compensation.
“Medical malpractice” can refer to virtually anything that falls outside the realm of responsibility for a doctor or healthcare provider, resulting in patient harm. Common errors that can qualify as medical malpractice include:
An anesthesia error is a form of medical malpractice. This means it’s something that a reasonable and prudent medical professional likely would have prevented under the same circumstances. While not all anesthesia-related harm comes down to someone else’s negligence, it often does. It is the anesthesiologist’s job to conduct a full interview of the patient prior to a surgical procedure. The anesthesiologist must review the patient’s medical history, current medications, weight, and many other factors to calculate the precise correct dosage.
During the procedure, the anesthesiologist must carefully monitor the patient to make sure everything goes as planned. Warning signs that something is wrong, such as increased heart rate or lack of oxygen to the brain, should push the anesthesiologist into action to remedy the issue and prevent harm to the patient. Failure to attend to any of these job-related duties, causing patient harm, is medical malpractice. Medical malpractice claims in Kentucky can involve general anesthesia, regional anesthesia, or local anesthesia.
Anesthesia is a toxic substance that only works as intended with careful dosing, monitoring, and regulation. Even a minor error can make anesthesia dangerous or deadly to a patient. If an anesthesiologist becomes distracted, doesn’t have adequate training, miscalculates the dosage, fails to monitor the patient during surgery, or otherwise makes a mistake, it could result in several different injuries to the patient, including:
To find out if you have grounds for a medical malpractice lawsuit, contact the Louisville Med Mal lawyers of Meinhart, Smith & Manning, PPLC today . We offer no-cost case evaluations for your benefit.