How to Sue a Doctor for Pain and Suffering

We trust medical professionals to treat us safely and give us the right diagnosis when we need it. However, medical errors happen, and they can cause severe pain and suffering. If you’ve been affected by medical negligence in KY, we can help. Here’s how you might sue a doctor for the pain and suffering caused by medical malpractice. 

Aug 25, 2023

What Is Pain and Suffering?

There are two types of damages in Kentucky: economic and non-economic damages.

  • Economic damages cover your tangible losses associated with an injury. These are easy to quantify because you'll have receipts or records of losses.

  • Non-economic damages compensate you for other harms, such as mental harm, caused by the injury. Pain and suffering are a type of harm, and so it's something you can sue for. These damages are a little harder to quantify.

Can You Sue a Doctor for Pain and Suffering?

Yes. If you're in pain or emotional distress after a medical injury, you can sue for pain and suffering.

Can you sue a doctor for not treating your pain? If the doctor behaved negligently and fell short of their duty of care towards you, then yes. It all depends on the facts of the case.

How Do You Calculate Damages for Pain and Suffering?

We will consider various factors, including:

  • The severity of your injuries

  • How long recovery will take

  • Whether full recovery is possible

  • The impact of the injury on your life

There's no cap on damages for pain and suffering in KY.

Suing a Doctor for Pain and Suffering

The first step is contacting an experienced medical malpractice lawyer. Our team will determine if you have a claim and help you file a medical malpractice lawsuit.

  • We will help gather any evidence you need to make a claim.

  • Our lawyers handle the negotiations on your behalf so you can focus on healing.

  • Victims of medical malpractice can expect to feel supported at every stage of the process.

It can take anything from a few months to a few years to settle a claim. It all depends on how complex the issues are and whether we need to go to trial.

Statute of Limitations in KY

You normally have one year from the date the negligent act occurred to sue a medical professional. What if you don't become aware of the injury until a later date? The "clock" starts ticking from the day you became aware of the injury.

If you don't file a lawsuit in time, you could miss your chance to sue. Call us immediately for help making a medical malpractice claim.

Pain and Suffering and Medical Malpractice

As mentioned, non-economic damages are just one type of compensation you can claim for medical negligence. You can also sue for financial losses associated with an act of medical malpractice. Examples of losses you can claim for include:

  • Lost income

  • Medical bills

  • Prescription costs

  • Rehab and therapy bills

If a victim dies from their injuries, loved ones can also sue for costs such as funeral expenses.

Contact Our Medical Negligence Attorneys in Kentucky

Medical malpractice, and pain and suffering, are complex issues. Our attorneys have the experience and knowledge to value your claim and help you get the damages you deserve. Contact our team for a free, no-obligation meeting to discuss your case. Our medical lawyers in KY are waiting to help.