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Was I the Victim of Medical Malpractice?

On Behalf of | Jun 30, 2017 | Nursing Home Malpractice

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When we go the doctor for the treatment of an illness or injury, we trust that we’re being provided with the best possible care available. But what happens when we fail to get that care and our health become even worse? Sadly, this happens more often than you think. According to a new Johns Hopkins study, medical negligence is the third leading cause of death in the United States.

If you believe that you’ve been a victim of medical malpractice, it is important that you seek legal guidance as soon as possible. Here is what you need to know about medical negligence, some of the most glaring signs of medical malpractice, and how you can seek help for your injuries.

Signs That You’ve Been the Victim of Medical Malpractice

Some medical malpractice borders on blatant abuse, while others are cases of neglect or ordering the wrong type of care. What these cases all have in common is that they can result in serious injury and even death. Several signs that you may be the victim of medical malpractice include:

  • You fail to get a diagnosis. If a medical provider delays treatment, doesn’t order the right tests, or simply doesn’t take the time to speak with the patient, examine them, and read the test results, there is a good chance that a diagnosis will be delayed. This could lead to the progression of a disease or condition beyond the help of conventional medicine.
  • Your condition fails to improve. If your condition isn’t improving, it’s possible that you’ve been misdiagnosed or that the wrong sort of treatment was ordered. If surgery didn’t help or made a condition worse, something might have gone wrong during the procedure.
  • Common tests aren’t ordered. Many common “complaints” or diagnoses are cause to order certain tests for such things as monitoring or further diagnosis. Check to see if these tests were ordered.
  • Your questions are ignored. Patients have the right to know about all aspects of their health and care plans. If your questions are being ignored, it could be because the provider is trying to hide a mistake.
  • No follow-up from healthcare Providers should discuss your treatment, diagnosis, and future options, giving you as much information as you desire. If it’s been left up to you to manage your medical treatment and healthcare, there is probably an issue.

Medical Malpractice Cases in Kentucky

Until 2017, medical malpractice cases in Kentucky were handled similarly to any other personal injury case. Some new reforms to Kentucky’s medical malpractice law have established new requirements for these cases. The first requirement relates to the time to file and claim and the second to the state’s medical review panels.

If you’ve been the victim of medical malpractice in Kentucky, you have just one year from the date of injury or death to file suit. Even if you didn’t know about the medical negligence, the term begins from the date that you reasonably should have known about the malpractice.

According to a new Kentucky law, no medical malpractice suit can be filed unless the case is first reviewed and approved by a medical review panel. A malpractice case must be presented in front of a medical review panel first, who will issue a ruling within 30 days. If they find that the medical provider didn’t exercise the appropriate standard of care and that the behavior impacted the victim’s negative outcome, then a lawsuit can commence. This medical review panel is only optional if both parties waive the process, which is an unlikely scenario.

Fortunately, there are no caps on non-economic damages for a medical malpractice case in Kentucky. If you have been affected by the negligence of a medical provider, you may have suffered some devastating consequences. You are not only entitled to collect damages for medical care and lost wages, but also for pain and suffering and even punitive damages that punish providers or act as a deterrent for others in the field.

Call an Attorney Who Specializes in Kentucky Medical Malpractice

If you believe that you’ve been a victim of medical malpractice, time is of the essence. You have the right to take legal action against any medical professional that has caused you or a loved one unneeded harm. One of the best things that you can do to help your case is to document all of your care and keep copies of your medical records on hand.

Because these cases are subject to time constraints and may contain very detailed or specific circumstances, you should contact our experienced and knowledgeable Kentucky medical malpractice attorneys immediately to get your questions answered and begin your case. Your life matters and you deserve to be treated with dignity and respect at all times. Contact Slechter Law Firm at (502) 384-7400 or toll-free at (855) 598-7425 to schedule a free consultation.

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