Medical Malpractice

Medical malpractice (also known as medical negligence) occurs when a medical provider – e.g., doctor, chiropractor, nurse, therapist, or a dentist – fails to follow the requisite standard of care and the patient is injured as a result.

Oftentimes, it is hard to tell whether a health care provider has caused you harm. Although doctors and other medical providers do not guarantee a certain result, there are times that your expectations are not met. Sometimes unpleasant results are unavoidable, but other times the unpleasant result could have been better if only the medical provider had done what he/she was supposed to do or avoided doing something he/she was not supposed to do.

Subsequent treating physicians will sometimes share with you if they believe your original care and treatment was appropriate. Your persistent problems or additional problems may be other signs that something is not right.

If you have a question as to whether you were the victim of medical malpractice, call the attorneys at Abaray Craddock & Smith, PLLC. We will listen to your story and share our thoughts on your potential case so you can make an informed decision as to your next steps.

Kentucky law permits an individual harmed by a health care provider to file a lawsuit. Filing a lawsuit allows you to assert your right to a trial by jury and gives you the opportunity to claim and recover certain damages. The type of lawsuit we would file on your behalf would be a civil lawsuit. A civil lawsuit does not take away someone’s license to practice medicine or cause them to go to jail. In a civil lawsuit, you can recover money damages to compensate you for your loss and under special circumstances you may be able to recover punitive damages. Items you can potentially get compensated for include your medical expenses, lost wages, loss of power to labor and earn money, and pain and suffering.

The decision to sue or not to sue is ultimately your decision to make. We are happy to discuss your potential case with you, review the medical records if it appears as though you have a meritorious case, and have an expert review the medical records if warranted.

Although no one can guarantee that you will win in a lawsuit, we will represent you in a way so as to give you the best chance at winning.

Personal injury lawsuits must be filed within certain time constraints known as the statutes of limitations. If you do not bring your lawsuit within the applicable statute of limitations, your legal claim can be barred and your right to sue will be lost forever. In order to preserve your right to bring a lawsuit, contact us right away. Remember, a lot of work has to be done before making the determination of whether we can file a lawsuit on your behalf. It is therefore in your best interest to contact us immediately so that we have sufficient time to thoroughly investigate your case.

Generally, the statute of limitations for a medical malpractice lawsuit against a physician, dentist, surgeon, or hospital licensed pursuant to KRS Chapter 216, is one (1) year from the date the injury is first discovered or in the exercise of reasonable care should have been discovered. In addition, under the continuous treatment rule, the statute of limitations can be extended for so long as you continue to treat in good faith with the negligent medical provider to recover from the injury caused by the negligence. Under this rule, you would have until one (1) year from the last date you saw the negligent medical provider to file a lawsuit.

There are also other nuances to the general one (1) year time limitation discussed above. For example:

• Where a person dies as a result of someone’s negligence, the Estate Representative (Executor or Administrator) of the deceased has one (1) year from the date of being appointed by the Probate Court to oversee the Estate to bring lawsuit on behalf of the deceased. This date cannot exceed two (2) years from the date of death, however. A spouse of a deceased may bring a claim for the loss of spousal consortium, but such claim must still be brought within one (1) year of the date of death.
  
  
• Where minors have been harmed, the parents or court-appointed Guardian may bring a suit on behalf of the minor up until the minor turns eighteen (18). The minor would then have up to one (1) year from the date of his/her eighteenth (18th) birthday to bring a lawsuit on his or her own behalf.
  
  
• If an individual is deemed disabled or mentally incompetent, the statute is tolled until the disability is removed.

The most important thing to do is to get appropriate medical care. Your health is the most important asset. Early evaluation, intervention, and support will help minimize the adverse effects of your prior treatment and provide the maximum opportunity to achieve recovery. It is important to keep your doctor’s appointments, follow your doctor’s advice, and remain compliant with your doctor’s orders.

You can also file a lawsuit against the negligent medical provider. We have extensive experience in investigating and handling medical malpractice cases. By nature, the statute of limitations, the investigation, and evaluation of injuries due to medical malpractice are complex to navigate. In order to prevail, you have to prove not only that a medical care provider violated the standard of care, but also prove that their failure to follow the standard of care caused your injuries. If you are considering pursuing a claim, make sure to get zealous representation. We would be happy to discuss your potential case with you.