Do I Have A Medical Malpractice Claim?

Medical malpractice is widely committed across the United States by various types of medical professionals.  The number of medical malpractice cases grows every year due to negligence, wrongful death and misdiagnosis.  In many instances, the patient fails to bring the malpractice to the attention of the courts.

Kentucky medical malpractice

Are you the victim?


First, be sure that “duty of care” is established.  It’s simply an agreement between you and your health care provider.  You agree to be treated/diagnosed/prescribed/etc and he or she agrees to treat you, the patient.


Second, be sure that “breach of duty” is established.  While a bit more difficult to claim, “breach of duty” is when the healthcare professional didn’t act in an appropriate and ethically accepted way when treating you.  When the provider acts with negligence, carelessness or otherwise against what is widely acceptable behavior within ethical standards, then there may be a “breach of duty.”


Third, there must be some sort of injury that results from this “breach of care.”  Various examples could include misdiagnosis, wrongful prescription, failure to act, lack of action within a reasonable amount of time and other medical errors.


Finally, you must be able to connect the cause of your injury directly to the breach of care committed by the doctor or other medical professional.  This element can be difficult to establish because of issues with preexisting conditions or other health-related concerns.


Is it too late to file a claim?

Maybe not.  In Kentucky, you have up to one year to file your claim, due to our state’s statute of limitations.  In the case that a year is not enough time to determine whether or not you have a claim, you may have up to five years after the act is committed.


Is there a limit to how much money I am awarded?

No.  In Kentucky, there is no “cap” to the amount of monetary compensation that you may seek.  However, the judge determines what is reasonable based on your case and the evidence presented.


Navigating the legalities of medicine and medical ethics can be confusing and downright frustrating.  Malpractice claims also require a high degree of technical expertise and understanding of the medical field.  If you think you are the victim of medial malpractice, it is in your best interest to seek the highest level of expertise available.  Contacting a medical malpractice attorney is the first step to establishing your case and seeking retribution.



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