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Medical Malpractice Attorneys in Louisville Kentucky

Louisville Kentucky Medical Malpractice Attorneys

medical doctor holding head realizing he made a mistakeMedical mistakes cause more injuries than you may think on an annual basis. There is a specific standard of care that patients should reasonably expect whenever they are in the care of medical professionals. When they breach this duty of care, people can get hurt. Medical malpractice injuries can be very serious and even lead to death in some situations. If you were a victim of medical malpractice, you do have rights. Here, you can learn all about medical malpractice and how Louisville medical malpractice attorneys can help.

Different Medical Malpractice Cases

There are various types of medical malpractice that can happen. Here are some of the most common examples of medical malpractice:

  • Delayed Diagnosis

When a doctor fails to diagnose a condition or illness in a timely fashion, this could mean a delay in treatment that can have serious repercussions. In some cases, this can potentially lead to death. This is especially bad in cases of cancer diagnosis. If a doctor fails to further investigate the concerns of a patient and it leads to a very serious condition, the doctor could be responsible for your damages.

  • Birth Injuries

Birth injuries refer to any harm caused to a baby prior to its birth, during its birth, or immediately after its birth. The doctor is responsible for identifying any potential for problems both prenatally and after. They need to also be sure that they never prescribe medication that will be harmful to the mother or baby. It’s also important that they monitor the baby for signs of fetal distress and do what they can to resolve the issue as soon as possible.

  • Surgical and Anesthesia Errors

Any surgery comes with risks, especially when anesthesia is involved. However, doctors are expected to do whatever they can to minimize these risks. There are so many issues that can rise to the level of medical malpractice when it comes to surgery including unnecessary surgery, removing the wrong organ, amputating the wrong limb, overuse of sedation, and medical instruments left in the patient.

  • Errors with Medications

There are various examples of medication errors that can lead to medical malpractice. Examples of medication errors include ordering the wrong dosage of medicine, incorrectly administering medications, and creating allergies or interactions with other medications.

These are only a few of the most common examples of medical malpractice. If any of these situations were something that you experienced, you may have a claim for medical malpractice.

Medical Malpractice Causes

In many cases, medical malpractice is caused simply by negligence. These can be completely avoidable and preventable mistakes that can lead to issues. This is why patients are entitled to compensation in these situations. These are some of the most common causes for medical malpractice cases:

  • Errors in Communication

A common issue that might happen is that the doctor has poor penmanship and there may be issues reading the chart properly. If the other medical professionals cannot properly read the chart, the patient suffers from not getting the care that they need. Poor communication also happens if the protocols of the practice aren’t being properly followed.

  • Staffing Issues

It’s a common issue that a hospital is left under-staffed. Due to understaffing, patients actually suffer because they don’t get the care that they need to when they need it or someone who doesn’t have as much experience performs a procedure that they probably shouldn’t have.

  • Not Getting Adequate Training

If the staff is undertrained, the patients will also suffer. Whether it’s a doctor or nurse or any other medical professional, if they are forced into a procedure that they’re not comfortable in their experience with, mistakes can happen and be very costly.

  • Fatigue

Another common issue is fatigue. Fatigue often happens as a result of understaffing. To compensate for the lack of staff, the staff gets overworked. The problem is that fatigue can very often lead to mistakes at the expense of the patient.

  • Abuse of Alcohol or Drugs

Sometimes the medical professionals may be dealing with alcohol or drug problems, which can also significantly impact the care that the patient receives.

In each of these common medical malpractice causes, there is negligence that has led to this problem. The medical malpractice injuries caused by these situations can vary from minor to even fatal. Getting a Louisville, Kentucky, medical malpractice attorney involved in the process as soon as possible can help ensure the best outcome while also getting your compensation faster.

Proving Medical Malpractice

Proving that medical malpractice has taken place is essential in ensuring that you get the compensation that you deserve. So how do you prove medical malpractice? These are the essential aspects of a medical malpractice claim:

  • Doctors have duty of care to protect their patient. When this doesn’t happen, there is a potential claim.
  • Dereliction occurs, which is when the duty of care is breached.
  • When the patient is injured as a result of their dereliction, the patient is entitled to damages.
  • When the doctor or medical professional is the direct cause of the patient’s injuries.

There is a great deal of burden on the victim of medical malpractice to prove their claim of negligence. Getting a Louisville lawyer who specializes in medical malpractice involved as soon as possible can ensure that you have the evidence that you need to prove your claim of medical malpractice.

Working with Louisville Medical Malpractice Attorneys

As soon as you can during the process, you should hire a Louisville medical malpractice attorney. This will help ensure that you get your claim filed in time so that you don’t have to fight against the statute of limitations. Hiring a Louisville medical malpractice lawyer as early on in the process is also essential because this will reduce the risk of anything happening to the evidence in your claim. Sometimes medical professionals and centers try to cover their tracks, but a Louisville medical malpractice attorney getting involved as early as possible can avoid this process.

The Louisville medical malpractice attorney will start by collecting copies of your medical records. Give them as much as you can, and the lawyer can access medical files that you may not have access to. They can then take this information and show it to their own medical professionals to get more insight on your files. This can give them valuable information that will help build a stronger case.

Your Louisville lawyer will notify the medical professionals and the insurers about the lawsuit, if required. This will generally trigger settlement discussions. It’s very important that you never talk to anyone without your lawyer present or to direct any talks to them. Their goal is to make sure that they have to pay as little as they possibly can. Your Louisville lawyer will let you know whether or not any settlement they offer is a fair price for your damages.

If you cannot work with their settlement, the Louisville medical malpractice lawyer will take your case to court. This will start the process of getting you the compensation that you deserve. Your lawyer will fight with your best interests in mind.

What Types of Damages Can You Recover in a Medical Malpractice Claim?

While you can almost understand the mistakes and negligence of drivers and average people on the street, it’s harder to forgive something like medical malpractice. These are the people who are supposed to be unflappable, knowledgeable, experienced, and sensible. Sadly, history tells us that medical professionals sometimes fall short of the expected level of care.

If you’ve suffered a medical malpractice injury, we urge you to get in touch with The Injury Firm as soon as possible.

Statute of Limitations

Often, people think that the statute of limitations means that they can take their time with a potential personal injury case. In reality, waiting makes it harder for your medical malpractice lawyer to gather evidence and create a strong case on your behalf. According to Florida law, you have two years to file a legal case from the moment you identify an error. However, the statute of limitations almost disappears when the victim is under the age of eight years.

Once again, the fact that you have two years doesn’t mean that you need to wait. Contact a medical malpractice lawyer early and you’ll have the best possible shot at compensation. The Injury Firm offers a free case evaluation, legal guidance and protection, and we can prevent you from making common mistakes (mistakes that could reduce any potential compensation package).

Types of Damages

After a medical malpractice injury, what sort of damages should you look to recover? Although this is something you’ll discuss with a lawyer, damages typically fall into two categories.

Economic - These are financial damages that you can calculate - this includes lost wages, medical bills, and loss of earning capacity. When pushed, you can sit down and calculate a final amount for these types of damages.

Non-Economic - These have no fiscal value but are more emotional and personal damages that have resulted from the medical malpractice injury. These damages cover mental anguish, pain and suffering, scarring and disfigurement, and loss of enjoyment of life. While the amount is subjective, you still deserve compensation for these damages.

In terms of value, you will come across compensation caps in Florida. For example, you cannot claim more than $500,000 for non-economic damages against a hospital or doctor. Despite this, there are certain exceptions, and this is why it’s essential to speak with a medical malpractice lawyer.

If you’re researching after losing a loved one, you can file a wrongful death claim. Damages, in this case, can include funeral expenses, loss of companionship, loss of consortium, and others.

All in all, contact The Injury Firm for professional guidance and legal assistance after a medical malpractice injury. If a doctor or another medical professional has been negligent or reckless, you need to hold them accountable for their actions. A medical malpractice lawyer will gather evidence, deal with insurance companies, collect paperwork, and build a strong case while you focus on recovering from injuries.

Contact a Personal Injury Attorney Today

If you or a loved one was injured as a result of medical malpractice, personal injury attorneys can be the best chance you have of getting the compensation that you deserve. A team of lawyers that specialize in medical malpractice know how to best prove your case. Medical malpractice can have a major impact on your life, causing financial, physical, and emotional damages that can interfere with your quality of life. You should fight to get the compensation that you deserve for your injuries.

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The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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