Medical Malpractice Attorney in Hazard, Kentucky

When you seek help from a medical professional, you have a certain level of confidence that you’ll be properly cared for and receive quality treatment. But what if this doesn’t happen? Unfortunately, patients can suffer from injuries, complications, or even death due to medical malpractice or medical negligence. These tragic events are devastating to individuals and families, and they deserve adequate compensation.

I started my practice at The Law Office of Kyle S. Hall to focus solely on personal injury cases because I know the kind of trauma you’re going through. Let me provide you with professional and compassionate legal assistance in your medical malpractice claim. If you’re located in or around Hazard, Kentucky, including Letcher, Knott, Leslie, and Perry counties, call me today to start discussing your options.

Medical Malpractice in Kentucky

In general, if you want to bring a medical malpractice suit against a provider in the state of Kentucky, you must prove two things. First, you must show that your provider was subject to a certain level of skill and care that they failed to meet. Second, you must prove that their failure to meet this duty of care and skill resulted in an injury to you. It must be shown that the provider's actions had a “substantial” effect on bringing about the harm.

Common claims filed under these terms include misdiagnoses, prescription drug errors, childbirth injuries, and surgical errors. The burden of proof is always on the plaintiff. Most medical malpractice cases are complex, requiring expert witnesses and a substantial amount of medical evidence.

To cut down on discreditable cases, Kentucky also has a provision that anyone who wishes to bring a malpractice suit must first obtain a “certificate of merit.” This is a lengthy process that could take months. An experienced attorney can see you through these proceedings and increase your chances of a favorable outcome.

Who Can Be Sued?

Anyone who is trained and licensed to provide medical care can be sued and found liable for malpractice, not just doctors. This could include nurses, specialists, physical therapists, anesthesiologists, pharmacists, dentists, physician’s assistants, or paramedics. In short, you can sue for liability against anyone who can be held to the “duty of care” standard.

Basic Elements of a Claim

When you start a medical malpractice claim, the first thing you’ll need to prove is that there was an established doctor/patient relationship and that your provider had a duty of care to you. Next, you will need to show that the medical provider acted in a negligent way and that their negligence resulted in your injury. This injury must also be shown to have caused damages (meaning either economic or non-economic costs that you incurred such as pain and suffering, lost wages, disfigurement, medical bills, or reduced quality of life).

In Kentucky, there is no cap on the amount of damages you can seek in a case like this as there are in other states. This allows plaintiffs to seek full damages without worrying that their compensation won’t be adequate. Most malpractice suits must be filed within one year of the incident.

Because these cases can take so long, it can often be a good alternative to seek arbitration or mediation before going to court. This can keep costs down for both parties and can reduce the length of time it takes to recover damages. Mediation can be requested by either the plaintiff or defendant. If the mediation is not successful, then you can proceed to trial.

Damages Available

The damages available will depend on your specific circumstances and how fault is determined. There are three main types of damages you can seek: economic, non-economic, and punitive.

Economic damages could be medical bills, lost wages, lost future earnings, rehabilitation, or home modifications (such as a wheelchair ramp).

Non-economic damages can be harder to put a dollar figure on but are equally as important as economic damages. Examples of this would be pain and suffering, loss of consortium, disfigurement, or loss of quality of life.

Lastly, punitive damages are rarely seen but can be pursued in cases where the provider was found to be grossly negligent. This is most commonly seen in a wrongful death suit.