Malpractice claims are one of the most complex civil claims that can be filed in Kentucky courts. A physician may make numerous mistakes throughout their career, but those mistakes are not always the basis for a valid medical malpractice claim. There are numerous complicated issues that must be accounted for first, and it is best to have your case examined by an attorney before assuming a lawsuit is warranted.
Key Factors Required for a Medical Malpractice Case
In Kentucky, there are specific factors that must be present to have a valid medical malpractice claim. These include:
- Negligence – Negligence is a key factor. But, that negligence is not established simply by the physician performing an error. Instead, the physician or medical professional must have deviated from the accepted medical standard of care – meaning other professionals in a similar situation would not have performed the same steps that led to the critical error. For example, in a surgical setting, a surgeon is required to maintain a level of hygiene to reduce the risk of infection to the patient. If the surgeon fails to properly sanitize themselves, or the staff fails to sanitize surgical instruments, there may be grounds for negligence.
- Injury – If a physician performs an error, but no injury has occurred, there is no grounds for medical malpractice under the law. To qualify as malpractice, the wrongdoing must have caused an injury or illness to the patient and those injuries must have resulted in some sort of financial cost to that patient. This is because costs (or losses) are required in order for the courts to issue damages to the plaintiff. Some common damages that may be rewarded include lost income, medical expenses, loss of future earning capacity, future medical costs and treatments, and pain and suffering. In rare cases, punitive damages may be awarded.
- Causation – This is the most critical component in a malpractice claim. There must be physical evidence that specifically links the physician or medical professional to the injury. If the professional cannot be linked to the injury, there are no grounds for a lawsuit.
If a patient is treated negligently in the medical field and the result is unnecessary harm or injury, they are entitled to compensation under Kentucky statutes. Even if you have all three critical factors, you must also ensure your case is within the statute of limitations – which is one year from the time the error occurred and resulted in injury.
Speak with a Medical Malpractice Attorney – Contact Gladstein Law Firm, PLLC Now
If you or a loved one was injured due to a physician or medical professional’s error, contact Gladstein Law Firm, PLLC today for a free consultation. We can assess the facts of your case and determine if you have a valid claim. If you do, we will aggressively protect your right to seek compensation under the law.
Contact us online to get started or call 800-991-0474 to schedule your consultation with an attorney.