KENTUCKY MEDICAL MALPRACTICE
Medical Negligence in Kentucky is committed when a medical care provider is negligent and thus, causes injury to a patient. This injury is also often known as medical malpractice and/or med mal. A Kentucky healthcare provider is negligent when his care of a patient falls below the standard of care of other experienced medical professionals. For instance, a provider may be sued for malpractice for:
If your injury resulted from treatment by a healthcare professional it is advised that you speak to a Kentucky medical malpractice attorney immediately.
Who Can Commit Malpractice In Kentucky?
Any medical practitioner or healthcare provider can be sued for medical malpractice in Kentucky. Healthcare providers and medical practitioners are certified and licensed to provide medical services in Kentucky. There is a long list of healthcare providers that can be sued if their actions fall below the standard of care. These include, but not exhaustively, hospitals, nurses, doctors, dentists, psychologists, certified social workers, hospice care, and/or physical therapists. Any questions you may have about who or what qualifies as a healthcare provider or medical practitioner should be addressed by an experienced Kentucky med mal attorney.
Kentucky Medical Malpractice Statutes of Limitation
Claims against a medical practitioner for medical malpractice must be filed within one year from the date of the injury, or one year from when the injury should have reasonably been discovered. If you do not file your claim within a year, you may no longer file a medical malpractice claim for damages against a healthcare provider in Kentucky. Where minors are concerned, the statute of limitations does not begin to run until the minor turns eighteen years old (i.e., the minor has until age eighteen to file his claim for med mal). Make sure to discuss your medical malpractice claim with a Kentucky med mal lawyer to avoid filing after the statues of limitation.
Damages Limitations On Kentucky Medical Malpractice Claims
There are two kinds of damages in Kentucky that should be discussed with a Kentucky med mal lawyer: compensatory damages and punitive damages. Compensatory damages include non-economic damages such as those for pain and suffering, and economic damages such as those for lost wages and medical expenses. Punitive damages, on the other hand, are intended to punish the negligent medical provider for its behavior and discourage similar behavior in the future. There is no maximum amount of damages that may be paid out in Kentucky medical malpractice cases.
How To File A Kentucky Medical Malpractice Claim
Speak to a Kentucky med mal attorney so you can be sure that your claim is filed correctly and on time, and to represent you and help you navigate the intricate, technical and complicated procedures that make up Kentucky medical malpractice law. Medical malpractice cases are very involved, and often necessitate depositions, medical expert witnesses, and dealing with large groups of lawyers who represent the insurance carriers that carry the medical provider's medical malpractice insurance policy. Medical malpractice claims can be further complicated when several medical providers must be sued, such as when a manufacturer makes a defective piece of medical equipment that injures you, or when doctors, nurses, hospitals or other parties must be joined as defendants. Kentucky medical malpractice lawyers will be able to assure you that no procedural errors have been made in your medical malpractice claim.
Kentucky Revised Statutes