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Medical Malpractice FAQ

SlechterLaw Firm, PLLC
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In the realm of law, medical malpractice is a complex topic that often raises many questions. The Slechter Law Firm, PLLC, located in Louisville, Kentucky, has been serving clients throughout the state, including Lexington, to shed light on this much-debated area. Here are some of the most frequently asked questions about medical malpractice that Mr. and Mrs. Slechter often encounter in their practice. 

What Exactly Is Medical Malpractice? 

Medical malpractice occurs when a healthcare professional, such as a doctor or nurse, provides substandard care that leads to harm or injury to a patient. It's not just about making a mistake; it's about falling below the accepted standard of care in the medical community. 

What Are Some Common Examples of Medical Malpractice? 

The realm of medical malpractice encompasses a wide range of instances that can have serious consequences. These include misdiagnosis, where a patient's condition is inaccurately identified, delayed treatment, which can result in worsened health outcomes, surgical errors that may lead to complications, and medication mistakes that can have harmful effects on patients.  

In more severe cases, medical malpractice can involve birth injuries that cause long-term harm to newborns, hospital negligence that compromises patient safety, or even wrongful death due to medical errors. It is crucial to address and prevent these issues to ensure the well-being and safety of patients. 

What Does My Case Need to Prove? 

Establishing a medical malpractice case involves proving four essential elements.  

  1. Demonstrate the existence of a doctor-patient relationship, emphasizing the professional duty and responsibility owed by the doctor to the patient.  

  1. Establish the doctor's negligence, highlighting any breaches in the standard of care expected from a medical professional.  

  1. Show that the negligence directly caused an injury or harm to the patient, illustrating the causal link between the doctor's actions and the resulting harm.  

  1. Demonstrate that the injury led to specific damages, such as medical expenses, pain and suffering, loss of income, or other measurable losses.  

By satisfying these elements, you can build a strong case for seeking justice after a medical malpractice injury. 

What Damages Could I Recover? 

The damages you might be entitled to can vary greatly. They can include medical expenses, lost wages, compensation for pain, and suffering, emotional distress, disability, or disfigurement, and loss of enjoyment of life. Each case is unique, and the specific damages will depend on the harm suffered. 

Is There a Time Limit to File a Medical Malpractice Lawsuit? 

Yes, in Kentucky, you generally have one year from the date of the injury or the date the injury was discovered to file a claim. Mr. and Mrs. Slechter can guide you through this process to ensure your claim is filed within the required timeframe. 

Will I Need Expert Testimony? 

In most medical malpractice cases, expert testimony is required to establish the standard of care and show that the defendant's actions deviated from it. These experts provide their professional opinion on whether negligence caused the patient's injury. 

How Long Does a Case Take to Resolve? 

The duration of a medical malpractice case can vary greatly. Factors like the complexity of the case, the willingness of both parties to negotiate a settlement, and the court's schedule all come into play. Some cases may resolve in a few months, while others might take several years. 

Can I File a Lawsuit if the Patient Has Passed Away? 

Absolutely. If the patient has passed away, a medical malpractice lawsuit can be filed by the patient's estate or surviving family members. These wrongful death claims seek compensation for the loss of life and damages suffered by the surviving family members.  

In Kentucky, the statute of limitations for wrongful death cases is one year from the date of the deceased's death. That distinction is key: the clock starts ticking from the date of death, not the date of injury. It's crucial to consult with a trusted lawyer if you believe your loved one's death was caused by medical malpractice. 

What Should I Do if I Suspect Medical Malpractice? 

If you suspect medical malpractice, start by gathering all relevant medical records and documenting any injuries or damages. Then, consult with an experienced medical malpractice attorney like Mr. or Mrs. Slechter. They can evaluate your case, guide you through the complex legal process, and help you seek justice and compensation. 

What Questions Should I Ask My Medical Malpractice Attorney? 

Some essential questions to ask your medical malpractice attorney include: 

  • How much experience do you have handling medical malpractice cases? 

  • Have you handled cases similar to mine before? 

  • What is your success rate in obtaining favorable outcomes for clients? 

  • Will I be working directly with you or a team of attorneys and paralegals? 

  • How will my case be evaluated, and what are the potential outcomes? 

  • What fees do you charge, and how will they be paid? 

  • Can you provide references from past clients?  

  • How often should I expect to receive updates on my case? 

These are just a few questions to consider when selecting an attorney for your medical malpractice case. It's important to work with an experienced personal injury attorney who you feel confident in.  

Get Personalized Answers and Advice 

Medical malpractice is a highly intricate and nuanced field of law, requiring expert guidance to successfully navigate through its intricacies. At the Slechter Law Firm, Mr. and Mrs. Slecther are committed to providing comprehensive assistance to individuals facing the challenges of medical malpractice cases.  

This experienced team of attorneys will help you understand the various aspects that constitute medical malpractice, empower you to identify instances of negligence, and guide you through the necessary steps to safeguard your rights and pursue rightful compensation. With their dedicated support, you can approach your case with confidence, knowing that you have a trusted ally by your side every step of the way. Reach out today to get started with a free consultation.