Every day, patients suffering from illness or injury count on medical professionals to help them recover. Unfortunately, some doctors, nurses, and hospital workers do not provide their patients with adequate care. As a result of this medical negligence, patients may fail to recover or suffer new illnesses or injuries.
Patients who suffer injuries or whose condition worsens due to a medical provider’s negligence have rights under Kentucky law. If a doctor or other healthcare professional caused you harm, you can file a medical malpractice claim to recover compensation for your medical bills and other damages. Scott Powell fights for those harmed by medical mistakes. Call 502-242-7000.
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All medical professionals are required to meet or exceed a standard of care when treating patients. Medical malpractice is the failure to meet the minimum requirements of the standard of care. Medical malpractice can take many forms, including:
According to Ky. Rev. Stat. Sec. 413.140(1)(e), patients in Kentucky have one year from the date of injury to file their medical malpractice suit. A successful medical malpractice case hinges on proving liability. To do so, the patient must prove the following elements:
Duty: Medical professionals have a duty to provide adequate care to the patients they treat. To prove that the defendant owed you this duty, you will have to establish that a doctor-patient relationship existed between you and your doctor.
Breach of Duty: Proving the defendant breached the duty that they owed to you is more challenging. To prove a breach of duty, or negligence, your attorney can help prove your doctor did not adhere to the appropriate medical standard of care. We may consult expert witnesses and ask them to testify. The expert will likely discuss the medical standard of care and why the defendant’s behavior was negligent. Published medical guidelines may also help establish the applicable standard of care.
Causation: Third, you must prove your injuries were the result of the defendant’s negligence. The defendant may try to argue that your injuries were the result of an underlying medical condition rather than the doctor’s negligence. We can help build a case in your favor by presenting expert witnesses to show that your condition worsened or developed because of the defendant’s poor care.
Damages: Once you prove causation, your last step will be proving you suffered actual harm as a result. We can help you gather medical records, evidence of lost wages, and other evidence to establish the value of your damages.
If you can establish all four elements by a “preponderance of the evidence,” you may recover compensation for damages. The damages you receive may be economic and non-economic in nature.
If a negligent medical professional caused you harm, you deserve compensation for your injuries. Attorney Scott Powell can help you file a claim against those responsible for your injuries. Call the Powell Law Firm at 502-242-7000 for help filing your medical malpractice claim.
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Call the Powell Law Firm, PLLC for Help After a Serious Personal Injury
At the Powell Law Firm, PLLC, we handle all types of serious personal injury claims. From collecting and analyzing evidence, to identify the liable parties, to negotiating a settlement on your behalf, we can take care of your personal injury claim from beginning to end. Call our office at 502-242-7000 to schedule a free, no-obligation consultation today.