Many people find it difficult to choose a doctor, as putting faith in their expertise often feels daunting. Once you find a healthcare provider you feel confident in, you trust that they will provide you with the highest level of care possible and offer treatment options that maintain or improve your condition, not worsen it. Unfortunately, among the many responsible doctors out there, those who make careless decisions regarding their patients’ health may cause medical injuries and sometimes even death.
In 2016, the U.S. News & World Report revealed that medical errors came in third among leading causes of death in the United States, just behind heart disease and cancer. The article states that preventable medical mistakes cause 1 in 10 deaths annually with approximately 250,000 per year.
Accidents happen, but when they occur as a result of your doctor’s negligence, you deserve the opportunity to hold them accountable for the harm they caused. If you suffered an injury or lost a loved one due to a healthcare provider’s recklessness, a Louisville medical malpractice lawyer can help you determine if your case qualifies for filing a lawsuit. Contact Ben Crump Law, PLLC at (800) 641-8998 today to discuss your case with our legal team.
Types of Medical Malpractice
Victims of medical malpractice can suffer harm at the hands of medical professionals in a number of ways, many of which can lead to severe or even fatal injuries. Some of the most common types of medical malpractice include:
- Misdiagnosis: When doctors fail to provide a timely or accurate diagnosis, the patient’s health can continue to decline. They may receive medical care that they do not need while failing to receive the care that they do need. By the time doctors realize the mistake, the condition may have worsened beyond repair.
- Medication errors: Doctors or nurses may provide patients with the wrong medication, a medication intended for another patient, a medication in the wrong dosage, or a medication that interacts poorly with another medication. Each scenario could lead to serious complications.
- Surgical errors: Although not as common as medication errors or misdiagnosis, surgical errors do occur. These include mistakes that take place prior to surgery, such as anesthesia errors, and those that take place after surgery, such as misinformation on incision care, as well. Some types of surgical errors that can take place during a procedure include puncturing an organ or leaving a foreign object in the body.
Childbirth injuries can impact the life and health of the mother and the baby. If doctors fail to use appropriate measures to ensure the safety of the baby during childbirth, the infant can suffer severe illness or injury, some of which can last a lifetime.
If you suffered an injury or lost a loved one to erroneous medical care in Louisville, do not hesitate to contact the legal team at Ben Crump Law, PLLC to help you with your case.
For a free legal consultation with a medical malpractice lawyer serving Louisville, call (800) 641-8998
Criteria for Medical Malpractice
Not all procedures result in the outcome intended by the doctor or expected by the patient. However, that does not automatically qualify the patient for a medical malpractice case. Medical malpractice involves specific criteria that, if met, prove that the provider exercised negligence in the provision of care.
Duty of Care
Your physician has a duty of care to you. They must abide by the prevailing standards of medical care in providing you with treatment and make every effort to prevent avoidable illness or injury. This means that they must make decisions based on what other medical professionals in the same position would deem acceptable.
Breach of Duty
If a doctor fails to act within the standard of care, they violate your trust and your right to expect quality treatment. This breach of duty may constitute negligent behavior.
Causation
To pursue a claim against the doctor who caused you harm, their violation of the standard of care must have led to your medical injury or the loss of your loved one. This injury must have occurred as a direct result of the doctor’s negligence, not as an unintended outcome.
Damages
Your injury or loss must have led you to incur substantial damages. Medical malpractice cases tend to involve complicated processes, and victims may find malpractice cases worth pursuing if they seek large awards.
Louisville Medical Malpractice Lawyer Near Me (800) 641-8998
How a Louisville Medical Malpractice Lawyer Can Help You
Before you consider pursuing a medical malpractice case on your own, you should know what to expect from the process. Because these cases often involve more complicated procedures, victims may find them difficult to navigate on their own. A lawyer can complete each step of the process on your behalf, including:
- Investigating the details of your case
- Collecting evidence to prove the negligence of the healthcare provider
- Gathering witnesses and medical professionals for their testimonies
- Demonstrating the damages you suffered as a result of your injury or loss
- Seeking fair compensation from the insurance company
- If unable to agree on an adequate settlement amount, going to court to fight for your case
While a lawyer handles your case for you, you can focus on your recovery.
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Kentucky Statutes of Limitations on Medical Malpractice Lawsuits
Victims and their families have a limited amount of time, known as a statute of limitations, to pursue legal action in Kentucky against the healthcare provider that caused their injury or their loved one’s death.
According to Kentucky Revised Statutes (KRS) § 413.140, those seeking damages in a medical malpractice lawsuit may have up to one year from the date of injury or the date of their discovery of the injury. A Louisville medical malpractice lawyer can determine how much time you have left and get started on your case right away.
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Contact Ben Crump Law, PLLC Today for a Case Evaluation
If you trusted a doctor only to suffer an injury or the loss of someone you love as the result of the doctor’s negligence, you do not have to face the legal system on your own. The lawyers at Ben Crump Law, PLLC can help you every step of the way, and you do not owe us anything unless we achieve compensation for you. Contact our legal team today at (800) 641-8998 for your free case evaluation.
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