Call (888) 437-5464 or contact the personal injury attorneys at Gerling Law for a free case review. Our attorneys will listen to your experience and work with medical experts to determine whether you have a KY medical malpractice case. Contact us today to set up a …
Schedule a free consultation with our firm as soon as possible. We review all types of medical malpractice claims for free. Take advantage of this opportunity by filling out our quick contact form, by using our live chat feature, or by calling our office at 502-253-9110.
Apr 07, 2022 · McCoy, Hiestand, & Smith PLC is a personal injury law firm of medical malpractice attorneys in Louisville that has been serving Kentucky, Indiana, and Tennessee since 2012. It represents clients who've sustained injuries as a result of medical malpractice, such as surgical mistakes, mishandled labor and delivery, misdiagnosis, and negligent management of …
Kentucky Medical Malpractice Lawyer. Lawmakers in Kentucky are hard at work trying to reform medical malpractice laws in the state. Critics of those changes, including Kentucky medical malpractice lawyers who fight on behalf of victims of negligence, say that these reforms are harming patients. Regardless of how the laws change, these lawyers will continue to advocate …
between $171 and $348 per hourHow much do lawyers charge in Kentucky? The typical lawyer in Kentucky charges between $171 and $348 per hour. Costs vary depending on the type of lawyer, so review our lawyer rates table to find out the average cost to hire an attorney in Kentucky.
one yearIn Kentucky, the statute of limitations to file a medical malpractice claim including birth injuries claims is one year from the date when you knew or should have known that medical malpractice occurred. In some cases in which the patient died, the statute of limitations could be extended to 2 years.
Definition of malpractice 1 : a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (such as a physician) rendering professional services which results in injury, loss, or damage. 2 : an injurious, negligent, or improper practice : malfeasance.
A medical malpractice claim requires the plaintiff to prove, by a preponderance of the evidence, four elements: 1) that the defendant owed a duty of care to the plaintiff 2) that the defendant deviated from the applicable standard of care 3) the plaintiff suffered damages4) the damages were directly caused by the ...Aug 27, 2021
Kentucky employs the “substantial factor” test in matters of causation and proximate cause, meaning that the actor's negligent conduct is a legal cause of harm to another if his conduct is a substantial factor in bringing about the harm. There is no viable loss of chance claim in Kentucky.
LIMITATIONS PERIOD The statute of limitations is five years, for actions on a liability created by statute, when no other time is fixed by the statute creating the liability (Ky.
There are three elements that must be present for a malpractice claim: (1) You must have a duty—there must be a professional nurse-patient relationship. (2) You must have breached a duty that was foreseeable—you must have fallen below the standard of care. (3) Your breach of duty caused patient injury or damages.
Examples of negligence include: A driver who runs a stop sign causing an injury crash. A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill. A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.Feb 23, 2018
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
The standard of care is developed by a complex network of doctors, medical researchers, government regulators, and writers for medical journals. Standards are not like laws, they are voted on once a year by elected doctors.
How is the standard of care established legally? The requisite standard of care is determined by evaluating the performance and abilities of physicians practicing near the physician accused of malpractice, the exact proximity is determined state by state.Apr 10, 2020
The term “standard of care” refers to the reasonable degree of care a person should provide to another person, typically in a professional or medical setting. For example, standard of care in the case of a cancer patient could include a recommendation of chemotherapy or surgery.Mar 20, 2019
If a claim is not filed before a certain deadline (called the statute of limitations ), the claim expires. The court must then dismiss it. In Kent...
The damages you may seek in a medical malpractice lawsuit—whether in a doctor, nurse, pharmacy, or hospital claim —are quite similar to those of...
Informed consent refers to the discussion you and your treating medical professional should have prior to your going through medical treatment. By...
Contact a medical malpractice attorney as soon as you realize that a healthcare provider harmed you.
In fact, medical error is the third leading cause of death in the US, killing 250,000 Americans each year.
This means the provider did act like a reasonably competent provider would in the same circumstance.
You must also have damages, or injuries that can be compensated by the court. Medical malpractice lawsuits can be expensive, requiring investigation and expert testimony. If you sustained only a minor injury from medical negligence, it may not be worth suing.
The standard of care applies to every medical professional in the healthcare industry. It measures the level of competency and care a skilled healthcare provider would and should provide to a patient.
You must prove your healthcare provider’s medical treatment did not meet the standard that a reasonably experienced professional would have provided in the same situation.
Causation means you must prove your provider’s breach of the standard of care was a significant factor in the injuries you claim resulted from the breach. Experts must testify they believe the breach caused your injuries. Anything less won’t establish a claim of medical malpractice.
You and your Kentucky medical malpractice lawyer must present evidence of every type of injury you believe you suffered as a result of a provider’s breach of the standard of care. You must also name an amount that will compensate you for those injuries.
Managing partner Ron Wilt has always had a passion for complex science, family, and medicine. After being awarded a doctoral fellowship to Vanderbilt University, he turned his attention toward law, where he knew he could follow his dreams by advocating for victims of medical malpractice.
You and your loved ones are already struggling to heal and cope with an unexpected injury. We speak loudly for those who have been wronged by irresponsible medical caregivers. Accountability leads to fewer mistakes and better patient care for everyone in Kentucky.
It’s a tragedy when a medical professional of any kind—whether a surgeon, physician, nurse, midwife, or other technician or specialist—makes a mistake and harms someone because of negligence. That’s why you may need an experienced Kentucky medical malpractice lawyer to represent you.
The Poppe Law Firm is a law firm in Louisville, helping residents to obtain fair compensation as a result of injuries due to medical malpractice. Cases of medical malpractices handled by The Poppe Law Firm often include compensation for medical expenses, lost income due to injury, and physical and emotional suffering. It limits the number of cases it handles to ensure clients injured by health care professionals receive sufficient attention. Founder Hans G. Poppe was named one of Louisville Magazine's Top Lawyers between 2008-2016.
Becker Law Office is a law firm in Louisville, handling medical malpractice cases for more than three decades. It represents victims of misdiagnosis, medical malpractice, and health care provider mistakes that have caused harm to individuals. Medical malpractice cases handled by Becker Law often include failure to properly diagnose and monitor patients, surgical errors, misuse of prescription drugs, and failure to inform patients of surgical and procedural risks. The firm also handles dangerous drug and defective medical device cases.
Wilt & Thompson, PLLC offer medical malpractice and personal injury legal services to the residents of Louisville. The legal practice areas this firm handles include birth injuries, wrongful death, and nursing home abuse. Ronald M. Wilt, a seasoned medical negligence lawyer in Louisville, earned his law degree from the University of Cincinnati and practiced medical malpractice defense for 15 years before turning his focus to plaintiff representation. The firm understands the complex tactics of physicians and insurance companies and builds its client's defense case accordingly.
Dolt, Thompson, Shepherd, and Conway PSC is a Louisville-area personal injury firm that has represented clients for over three decades with over $500 million in recoveries. Its lawyers, along with its in-house medical staff, have helped clients in medical malpractice and wrongful death cases that involve errors, injuries, and failures to diagnose. Its lawyers hold memberships with the Inner Circle of Advocates and were ranked among the best in U.S. News & World Report.
Bolus Law Offices is located in Louisville and has been in business for over 20 years. The firm focuses on medical malpractice cases and other personal injury and negligence matters. In the past, Bolus Law Offices has successfully dealt with cases involving serious medical errors, such as birth injuries, cancer-related misdiagnosis, cardiac issues, emergency room negligence, brain injuries, and spinal cord injuries. The team of medical malpractice attorneys in Louisville uses medical experts and state-of-the-art technology to maximize success in client cases.
It defends victims of medical malpractice by pursuing their right to compensation for long-term damages suffered as a result of medical errors and accidents. Attorney H. Phillip Grossman is a member of the Million Dollar Advocates Forum and has been a frequent speaker at seminars on medical negligence and spine and brain injury.
Gray Law PLLC provides legal representation to residents of Louisville. Firm founder David Gray possesses over 30 years of experience in representing medical malpractice cases of misdiagnosis, birth injuries, surgical errors, support staff mistakes, and delayed diagnosis of infections and diseases. He additionally aids in class action, wrongful death, and personal injury litigation cases. David Gray is a member of the Kentucky Bar Association and the National Health Lawyers Association.
The law requires that plaintiffs and their lawyers submit their cases to a review panel before they can file a medical malpractice lawsuit. This is becoming a popular strategy in many states as part of an effort to reduce healthcare costs by reducing the number of frivolous lawsuits.
Kentucky medical malpractice lawyers in Kentucky work to get justice for their clients, to help victims of negligence hold responsible people accountable, and to help them recover the damages they need for medical and other expenses. There are some notable cases in the state, including one brought and settled by a Louisville anchorwoman, Dawne Gee.
Lawmakers in Kentucky are hard at work trying to reform medical malpractice laws in the state. Critics of those changes, including Kentucky medical malpractice lawyers who fight on behalf of victims of negligence, say that these reforms are harming patients. Regardless of how the laws change , these lawyers will continue to advocate for patients who suffered because of negligent actions of medical professionals they trusted.
Last week, the Republican-led Senate passed the law, which mandates that an independent panel of medical experts would have to review any proposed malpractice claims against health care providers before such claims could legally be pursued in court.
If the law passes, this means major changes for malpractice suits in Kentucky. As you move toward a medical malpractice case, a qualified malpractice attorney can help you rehearse the facts of your case, gather your evidence, and review and respond to any discovery requests made by the other side.
The court did not identify which conduct directly supported the components of the total award. Horton objected to jury instructions which he argued did not properly state the law.". The court disagreed, and in dicta set forth a significant delineation of the components of awarded damages by type of conduct.
The court noted: "[a] majority of courts confronted with this issue have held that punitive damages cannot be recovered in a fraud action unless the fraud was malicious, gross or wanton. . . . Since punitive dam- ages are intended as a deterrent to deliberate, malicious, or grossly negligent conduct .