Lawyers Specializing in Medical Malpractice
Our firm focuses on making things right for individuals and families who have been harmed by medical negligence. Our firm regularly handles cases involving medical malpractice, drawing on years of experience working for and against hospitals and medical providers in Kentucky and Indiana.
Do I have a medical malpractice case?
Medical malpractice is negligence by doctors, surgeons, nurses and hospitals. As a result of medical malpractice, patients may fail to recover, or suffer from new illnesses or injuries.
For something to be malpractice, it must be demonstrable that the medical professional or hospital could have or should have prevented the injury or death. A bad outcome alone does not by itself demonstrate malpractice.
Injuries Caused By Medical Malpractice
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 the care they deserve.
We hold medical professionals and hospitals accountable for negligence stemming from:
- Birth injuries such as cerebral palsy or neonatal hypoxic-ischemic encephalopathy (HIE)
- Delayed diagnosis, failure to diagnose or mixed diagnosis
- Surgical errors, such as operating on the wrong body part or leaving objects inside the patient
- Medication errors such as dosage errors and prescribing the wrong medication
- Inadequate aftercare or premature discharge
- Failure to monitor the patient during a procedure or treatment
- Failing to properly interpret and act on lab results
The goal of a medical malpractice lawsuit is to ensure that the injured are not left to bear the financial costs of injuries they suffered through no fault of their own.
Preventing Medical Malpractice
It is not difficult to prevent medical malpractice. All medical professionals and hospital workers need to do is follow the protocols for adequate patient care that are already in place. Simple things such as closely reading patient charts, becoming familiar with the patient's medical history, asking patients questions, monitoring patients during and after procedures, and following safety protocols go a long way toward preventing injuries and death in a clinic or hospital setting.
Medical malpractice lawsuits do not exist to punish medical providers or create a culture of fear in hospitals; they exist because patients should not be left to bear the burden of injuries suffered through no fault of their own. They can also serve as examples, shining a bright light on the shortcomings that exist at certain hospitals and reminding medical professionals of their duty to their patients.
Maximizing Compensation For Medical Malpractice Victims
At Powell Klausing, we focus on achieving the maximum financial compensation for our clients. This can help make things right by covering the costs of medical bills and rehabilitation costs as well as compensating victims for their pain and suffering.
We accept a limited number of cases to devote more time and energy to each case we take on. You can rely on us to provide you with honest and transparent communication about the status of your claim as we pursue the outcome you deserve.
Take The First Step Toward A Better Life
Our goal is to leave you in the best position possible to move forward with your life. Contact us for a free consultation with an award-winning negotiator and trial lawyer. We have offices in Louisville and Lexington.
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:
- Errors in diagnosis - Misdiagnosis occurs when a physician diagnoses a patient with the wrong condition. A failure to diagnose occurs when a physician fails to identify the patient's illness. A delayed diagnosis occurs when a patient's condition worsens due to a failure to diagnose in a timely fashion. Learn more about the failure to diagnose a heart attack.
- Improper treatment - This occurs when a doctor administers a treatment inconsistent with the standard of medical care and the patient's condition worsens or the patient suffers new injuries as a result. Learn more about nursing errors.
- Performing medical procedure without informed consent - Failure to provide the patient with adequate information so he or she can make an informed decision regarding their treatment, or failure to seek consent altogether, could constitute malpractice.
- Surgical errors - Making mistakes during surgery (e.g., puncturing an organ) or leaving a surgical instrument inside the patient's body may be forms of medical negligence.
- Prescription errors - Medication errors occur when a medical professional administers the wrong dosage or wrong medication altogether and the patient's condition is negatively affected. Some cases involve prescription of medication that adversely reacts with other medication the patient is taking.
- Pregnancy and childbirth errors - Mistakes during pregnancy, labor, or delivery can result in birth defects, hemorrhaging, and a number of other medical problems affecting both the mother and child.
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.
- Economic damages cover past and future medical expenses, lost wages, and loss of future earning capacity, as well as other financial losses or expenses. We help you calculate these damages based on medical bills, pay stubs, and other financial documentation. We may consult experts and establish your prognosis to prove the value of any future damages.
- Non-economic damages include pain and suffering, mental anguish, loss of consortium, and other damages that do not have a specific price tag. These damages can be difficult to calculate, and insurers often try to contest their value. We work with experts and build your case to establish the emotional and psychological effects of your injuries.
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.
In Kentucky, a lawsuit claiming negligence or malpractice against a physician, surgeon, dentist, or hospital must be filed within one year. Generally, the one year limitations period begins to run from the date the injury or malpractice occurred. But there are exceptions to this general rule. Do not hesitate to contact our office if you have questions about the statute of limitations applicable to your case.
Further reading: Kentucky Medical Malpractice Statute of Limitations
We understand that it can be difficult to identify who might be the best medical malpractice lawyer for your case. Many sites on the web offer reviews and/or purport to identify the "best of the best" for your particular situation. We invite you to check out our reviews on leading sites like Google, Avvo, and FindLaw.
Each year, the widely-respected SuperLawyers publication attempts to create a credible, comprehensive and diverse list of top attorneys that can be used as a resource for attorneys and consumers. Using a multiphase selection process that combines peer nominations, evaluations, and independent research, a few attorneys (less than 2.5%) from each state are granted SuperLawyers designation. The Powell Law Firm is proud to have two attorneys who have received Rising Star designation on this prestigious list.
Medical Malpractice Victories
Catastrophic Birth Injury
Steve Klausing served as co-counsel in representing a baby girl against medical providers responsible for causing Hypoxic Ischemic Encephalopathy (HIE), a brain disorder that occurs when the brain does not receive enough oxygen or blood flow for a period of time. Her medical providers were delayed in their recognition of signs and symptoms indicating she was under distress during delivery. They then compounded the problem by failing to provide prompt resuscitation. The brain damage caused by HIE will require substantial medical care for the rest of her life.
Extremely professional and has an unrivaled ability to consider every vantage point in a case.
I would recommend him to anyone