Helping Injured Victims in Louisville & Throughout Kentucky
Our Firm Handles Medical Malpractice Claims in Shelbyville
At Noakes Law Group, our Shelbyville medical malpractice lawyers have the knowledge and experience that you can trust. Doctors, nurses, hospitals, and other medical providers can be held liable for professional medical practice. If you or your loved one suffered complications as a consequence of medical negligence, we are here to help. Contact us today for your free, no-obligation initial consultation with a top Kentucky medical malpractice attorney.
Medical Malpractice: Defined
Medical malpractice is a cause of action that can be brought against a doctor, hospital, or other medical provider by a patient who suffered harm. To bring a successful medical malpractice in Kentucky, a patient must prove that they had some type of adverse outcome because the healthcare provider and/or healthcare provider deviated from the standards of their profession. In other words, medical malpractice is professional negligence causing harm to a patient.
Understanding the Most Common Types of Medical Malpractice
Medical malpractice can come in a wide range of different forms. It is important to clarify that an adverse outcome after getting medical care is not necessarily medical malpractice. A patient must prove negligence. Here are some of the leading types of medical malpractice claims include:
- Delayed Diagnosis or Misdiagnosis: Diagnostic errors are a leading type of medical malpractice. Delayed diagnosis and doctor misdiagnosis can lead to improper treatment.
- Surgical Mistakes: Some examples of surgical mistakes include operating on the wrong site, leaving surgical instruments inside the patient, or performing the wrong procedure.
- Birth Injuries: Childbirth must be handled with the proper care and skill. Birth injuries can occur when the baby or mother is harmed due to medical malpractice.
- Anesthesiologist Negligence: Anesthesiology is powerful. It can be incredibly dangerous if it is not administered properly.
- Pharmaceutical Errors: Some examples of pharmaceutical drug errors include prescribing the wrong drug, giving incorrect dosage, and failing to recognize harmful drug interactions.
Your Guide to Medical Malpractice Law in Kentucky
Medical malpractice claims are largely governed by state law. If you or your loved one was the victim of medical negligence in Shelbyville, it is useful to have a comprehensive understanding of Kentucky law. Here is an overview of medical malpractice laws in Kentucky:
- Medical Malpractice Required a Doctor-Patient Relationship: As a foundation, a claimant in a medical malpractice claim must prove that a valid doctor-patient relationship was formed between themselves and the defendant(s).
- The Patient Must Prove Harm Caused By Negligence: In Kentucky, medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and causes harm to the patient as a consequence. To prove negligence, you must present evidence establishing that you received substandard care.
- You Need an Affidavit of Merit to Proceed: Kentucky law requires that, at the time of filing a lawsuit, the plaintiff must submit an affidavit of merit. The legal document—which is prepared by a qualified medical expert—asserts that there are reasonable grounds to believe that the defendant was negligent in the care of the plaintiff.
- Comparative Negligence May Apply: Kentucky is a pure comparative negligence state. It may be a factor in certain medical malpractice cases. If the patient is found to be partially responsible for their own injuries, their compensation may be reduced proportionally.
Medical Malpractice: Statute of Limitations
You do not have an unlimited amount of time to bring your medical malpractice lawsuit in Shelbyville. Under Kentucky law (K.R.S. § 413.140), there is a one-year statute of limitations for medical malpractice cases. Though, there are some exceptions. For example, if you suffered harm because of a retained surgical object, you have more time to initiate a claim in Kentucky. You do not want to fall behind the defense or the insurance company in the legal claims process. Consult with a top Shelbyville medical malpractice attorney right away.
What Compensation Can You Recover in a Medical Malpractice Claim in Kentucky?
At Noakes Law Group, we are devoted to helping medical malpractice victims secure the greatest possible financial relief. We hold negligent medical providers and medical malpractice insurance carriers accountable. Compensation may be recovered for:
- Economic Losses: Economic damages are tangible, quantifiable financial losses resulting from medical malpractice. To start, economic losses include medical expenses incurred due to the injury, such as hospital bills, medication costs, and fees for ongoing treatment or rehabilitation. Beyond that, victims can seek compensation for lost wages/earning power.
- Non-Economic Losses: Non-economic losses are damages awarded for the intangible impacts of the malpractice. Among other things, non-economic damages may include pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In Kentucky, a limited number of medical malpractice victims may also be entitled to seek punitive damages. Punitive damages are meant to punish the wrongdoer and deter similar conduct in the future. Still, these damages, if awarded at all, are granted to the medical malpractice victim.
How the Shelbyville Medical Malpractice Attorneys at Noakes Law Group Can Help
Medical malpractice is a complex area of law. At Noakes Law Group, we have helped victims and families secure millions in financial compensation across our practice areas. We are proactive and results-focused. Among other things, our Shelbyville medical malpractice lawyers can:
- Hear what you have to say and answer your legal questions.
- Conduct a comprehensive investigation of your malpractice claim.
- Consult with the top medical malpractice expert witnesses.
- Represent you in settlement negotiations with malpractice insurers.
- Take aggressive action to help you and your family get the best results.
Why You Should Work with a Louisville Medical Malpractice Attorney
Noakes can handle your medical malpractice case.
A successful medical malpractice lawsuit demands proving that the negligent medical practitioners or professionals in question committed an act of malpractice, which means that they deviated from the standard of care owed to you. In order to establish the standard of care and prove a breach, the opinions of other medical experts are necessary. In addition to expert testimony, a thorough investigation into the case and evaluation of the damages you’ve suffered is key, as is knowledge of medical malpractice law. At Noakes Law Group, our experienced medical malpractice attorney has the specialized medical and legal expertise to help you navigate the Commonwealth’s complex malpractice laws. Contact us right away for a free case review.
Contact Our Shelbyville Medical Malpractice Lawyers Today
At Noakes Law Group, our Shelbyville medical malpractice attorneys have the knowledge, skills, and sophisticated experience that you can trust. Were you or a family member harmed due to the negligence of a doctor, hospital, or other provider? We can help you determine the best path forward. Call us now or connect with us online to schedule your free case review. Our firm represents medical malpractice victims in Shelbyville, Shelby County, and all across Kentucky.
