Do I Have a Valid Medical Malpractice Case?
Filing a Kentucky Medical Malpractice Case
Doctor's decisions, nurse's decisions, surgeries and other medical procedures that result in bad outcomes are not always the basis for a valid Kentucky medical malpractice cases. Every error in medical judgment does not necessarily create a medical malpractice case in Kentucky. There are many known, negative complications that do not mean negligent care was rendered. Sometimes doctors have to make judgment calls. Errors in judgment are not always the foundation of a medical malpractice case.
When evaluating whether or not a valid claim of medical malpractice exists in Kentucky, several questions must be considered.
First: Did Your Doctor Fulfill His/Her Duties
Did the doctor, nurse or other medical-care provider make a decision or take action that failed to meet the required standard of care? If a reasonable doctor, faced with a similar patient and situation would have made different decisions or would have taken different action, then there may be a valid argument that that doctor, nurse or medical-care provider rendered negligent care. If the patient received negligent care, then the Kentucky medical malpractice lawyer can assist the patient or the family in evaluating the case further.
Second: What Are Your Damages?
Next the question of damages needs to be considered. Typically doctors, hospitals and other medical-care providers defend against allegations of medical malpractice vigorously. Whereas a huge percentage of car accident injury cases or other injury cases in Kentucky settle before a lawsuit is even filed, allegations of medical malpractice usually do not settle and require the filing of a lawsuit and substantial litigation. Therefore, the medical malpractice lawyer that is considering pursuing a Kentucky medical malpractice claim needs to understand that damages are significant. Damages include items such as medical expenses, anticipated future medial expenses, lost wages, impairment of the patient's ability to labor and earn money in the future, physical pain and suffering (both past and future) and mental pain and suffering (both past and future).
Third: Causation needs to be evaluated.
This is often the most difficult item for a patient or the family to understand. Causation is the concept that links negligence to the damages. If a doctor, nurse or other medical-care provider makes a mistake or an error in judgment that is negligent, but that mistake or error in judgment does not cause the patient's damages, the important link of causation is not met. For example, if a patient has a surgical complication and requires another surgery, but that additional surgery is necessary because the patient has other health issues such as diabetes, etc., then causation might be difficult to establish. In other words, if the attorney pursing the Kentucky medial malpractice claim cannot tie the need for additional surgery to the medical error, then this important link called "causation" will fail.
If you believe that you were the victim of medical malpractice in Kentucky or if you are a family member of someone who lost their life or who was injured as a result of poor medical care, you should consider talking with a Kentucky medical malpractice attorney. You are welcome and encouraged to contact Brett H. Oppenheimer, PLLC at 502-649-1234.