Handling Medical Malpractice Cases in Louisville & Throughout Kentucky
At Noakes Law Group, our Louisville medical malpractice lawyers are skilled, knowledgeable, and justice-focused advocates for victims and families. An act of medical malpractice occurs when a medical professional breaches the medical standard of care owed to a patient causing them harm. We have extensive experience litigating medical malpractice cases. Our legal team brings a unique perspective and level of skill to the table as an attorney with a background in medicine. To set up a free, no-obligation consultation with a top Louisville medical malpractice attorney, please do not hesitate to contact our skilled medical malpractice attorney.
Your Rights When Harmed by a Medical Mistake
Did you or your loved one suffer an adverse outcome after getting medical treatment or care in or around Louisville? If so, it is crucial that you know what to do to protect yourself. If you have been harmed by the actions of a medical professional, you have the following rights:
- You have the right to seek medical care from another doctor
- You have the right to your medical records
- You have the right to consult with a medical malpractice lawyer
- You have the right to hold the medical professional liable for your harm and seek damages
Know the Most Common Types of Medical Malpractice
Medical malpractice can come in a wide range of different forms. All suspicions of substandard care by a health insurance company or care provider should be thoroughly investigated to determine exactly what happened and why it happened. Acts that may warrant a medical malpractice lawsuit include:
- Medication Errors: Examples include wrong medication, incorrect dosage, or improper administration. Medication errors can result from miscommunication, lack of knowledge, or carelessness, leading to adverse reactions, worsening of conditions, or even death.
- Doctor Misdiagnosis: Misdiagnosis refers to a doctor’s failure to accurately identify a patient’s medical condition. This may lead to delayed treatment, incorrect treatment, or no treatment at all, causing unnecessary harm or complications.
- Treatment Errors: These encompass mistakes made during the treatment process, such as administering the wrong treatment or executing the proper treatment incorrectly. Treatment errors can exacerbate a patient’s condition, causing additional health problems.
- Birth Injuries: Birth injuries occur when negligence during pregnancy, labor, or delivery results in harm to the mother or child. Examples include improper use of forceps, delayed C-sections, or failure to monitor fetal distress.
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient, fall under this category. Surgical errors can cause severe complications, infections, or even death.
- Other Breaches of the Medical Standard of Care: Medical malpractice can also involve various other breaches of the medical standard of care, including inadequate patient monitoring, failure to obtain informed consent, or poor communication between healthcare professionals.
An Overview of the Medical Malpractice Laws in Kentucky
Medical malpractice laws vary from state to state. The laws that apply in Louisville (Kentucky) are different from those malpractice laws that apply a few miles away, across the border in Indiana. Here are four key things that should know about the medical malpractice laws in Kentucky:
- Medical Malpractice lawsuits Require Proving Harm Caused by a Breach of the Duty of Care: In Kentucky, victims of medical malpractice must prove that the medical professionals breached their duty of care and that this breach directly caused harm. The duty of care refers to the obligation of healthcare providers to adhere to a specific standard of care when treating patients. To establish a malpractice claim, the plaintiff must demonstrate that the provider’s actions (or inactions) fell below this standard.
- You Need a Certificate of Merit to Proceed With a Malpractice Claim: In Kentucky, a Certificate of Merit for medical malpractice claims, is an affidavit from a qualified medical expert. The expert must review the case and attest that the healthcare professional’s conduct deviated from the accepted standard of care, and that this deviation caused the plaintiff’s injuries.
- Statute of Limitations is Just One Year in Most Medical Malpractice Claims: Kentucky’s statute of limitations for medical malpractice claims is relatively short, with most claims needing to be filed within one year from the date of the injury or the discovery of the injury. Failure to file within this timeframe may result in the claim being barred.
- There is No Statutory Cap on Medical Malpractice Damages: Unlike some states, Kentucky does not impose a statutory cap on damages awarded in medical malpractice cases. This means that victims of medical malpractice can potentially recover compensation for their full economic and non-economic damages, including medical bills, lost wages, pain and suffering, and other losses.
Recovering Financial Compensation for Medical Malpractice in Louisville, KY
Medical malpractice can cause severe, even life-altering harm and personal injury to a patient. It is imperative that medical malpractice victims and families are able to access justice—and that means compensation for both economic and non-economic damages. If a healthcare professional’s breach of the standard of care owed to you led to harm or injury, you can seek compensation for the full value of your losses. Unfortunately, aggressive medical malpractice insurance companies handle medical negligence claims. They fight hard, trying to resolve cases for less. Our Louisville, KY medical malpractice lawyers go beyond to help victims and families secure the maximum compensation. You may be able to recover for:
- Pain and suffering
- Disability
- Loss of quality of life
- Medical expenses and future medical expenses
- Lost wages and loss of earning capacity
- Wrongful death of a family member
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.
Medical Malpractice Claims in Louisville: Frequently Asked Questions (FAQs)
How Much is a Medical Malpractice Claim in Kentucky Worth?
It depends. It is a somewhat unsatisfying answer, but medical malpractice compensation is always determined on a case-by-case basis. The value of a medical malpractice claim in Kentucky varies depending on the specifics of the case, such as the severity of the injury, the impact on the victim’s life, and the degree of negligence involved. Do not agree to settle your medical error or claim for less. Our Louisville medical malpractice lawyers can help you secure the full and fair compensation you deserve.
Do I Need an Expert Witness to Bring a Medical Malpractice Claim?
In most medical malpractice cases, an expert witness is essential to establish the standard of care that the medical or healthcare professional should have adhered to and to demonstrate how their negligence led to your injuries. Expert witnesses, typically experienced healthcare professionals in the same field as the defendant, can provide valuable insight and testimony to support your claim. Although not always required in Kentucky (unlike some other states), having an expert witness significantly strengthens your case and increases the likelihood of a favorable outcome.
Will My Louisville Medical Malpractice Case Go to Trial?
While it is impossible to predict with certainty whether a Louisville medical malpractice case will go to trial, the majority of such cases are resolved through settlements before reaching the courtroom. That being said, you always need to be prepared for the possibility of litigation. Our trial-tested Louisville medical malpractice attorney is prepared to take your case as far as is needed to go to get true justice, real accountability, and to maximize your financial recovery.
Schedule a Free Consultation with Our Louisville Medical Malpractice Lawyers
At Noakes Law Group, our Louisville medical malpractice attorneys are standing by, ready to protect your rights. We have secured millions of dollars in compensation for our clients across all of our practice areas. Harmed by medical negligence? Our team is here as a legal resource. Contact us now for a no-cost, no-obligation review of your case. From our law office in Louisville, we handle all medical errors and malpractice cases in Jefferson County and throughout the wider region in Northern Kentucky.
