Malpractice is a specific legal term related to lawsuits alleging various different circumstances leading to damage or injury to a patient. First and foremost, it is important to remember that not all health-care related deaths or injuries due to errors in medical diagnosis and treatment are necessarily malpractice, as there are certain inherent risks associated with the practice of medicine. Malpractice suits may allege various mistakes made by doctors or other medical professionals, including misdiagnosis, mistreatment, or various types of negligence. Some of the many examples of medical malpractice include failure by a physician to diagnose an illness or injury; injury to an infant during childbirth; and infections caused by unsanitary or unclean conditions in healthcare facilities.
Other examples may include emergency room errors, surgical error, hospital or nursing home negligence, inadequately trained medical personnel, known adverse drug interaction, brain injury and wrongful death.
Due to the statute of limitations imposed on medical malpractice lawsuits, it is imperative that you contact an attorney as soon as possible. If you or a family member have sustained injuries which you feel may have been caused due to negligence of a doctor, or healthcare facility, please give us a call so we may schedule an appointment to discuss the specific circumstances of your injury.
Kentucky Medical Malpractice Attorneys
Advocating for Victims of Medical Errors & Omissions–Kentucky Medical Malpractice Lawyers
Medical malpractice cases are among the most sophisticated and challenging personal injury cases. These cases involve navigating favorable laws that protect doctors and hospitals successfully obtained by the American Medical Associations (AMA), which has a substantial amount of political influence. These cases pose both procedural and substantive challenges that include presenting expert medical testimony to establish the requisite standard of care and the medical professional’s non-compliance as well as overcoming complex issues of proof on issues of causation. Many wrongful death cases, such as those based on delayed diagnosis of cancer involve life-threatening medical conditions so the malpractice carrier will claim that the medical outcome would have been the same regardless of the medical error.
What Makes Medical Malpractice Claims Unique?
At Goeing Goeing and McQuinn PLLC, we work with a renowned team of medical experts who analyze medical records, review lab and diagnostic results, and analyze medical treatments to develop a compelling case for liability against medical professionals and hospitals. While these cases are more complex and require expert testimony, medical professionals also are held to a higher standard of care. The standard of care that a doctor, hospital or other medical provider must exercise must be comparable to the same degree of care and skill of a reasonably competent doctor with similar training under similar circumstances. Because doctors and other medical professionals have extensive education and professional training, they are held to a higher standard of skill and competence when compared to a negligent driver involved in a car accident.
When medical professionals, physicians and hospitals fail to perform up to the appropriate standard of care, the result can be devastating injuries, including traumatic brain injuries, spinal cord injuries, organ failure, extensive internal bleeding, chronic pain, paralysis, metastatic cancer and wrongful death. Even when a medical error or omission can be established that deviates from the appropriate standard of care, a plaintiff must still establish that the negative outcome or injury was caused by the medical mistake rather than being the natural result of the progression of the underlying medical condition.
Types of Common Medical Errors in Medical Malpractice Cases
There are many forms of medical malpractice, whether by a primary care physician, specialist, hospital, anesthesiologist, surgeon, cardiologist, oncologist, hematologist, nurse or other medical professional, which may include the following:
- Wrong site surgical errors
- Misdiagnosis or delayed diagnose
- Failure to refer for medical testing or treatment
- Emergency room errors
- Unintentional perforation or laceration during surgery
- Unnecessary surgery
- Birth injuries (Cerebral Palsy, Erbs Palsy, Brachial Plexus)
- Negligent long-term treatment
- Prescription errors in selection of medications or dosage
- Foreign object left in the patient
- Plastic surgery mistakes
- Negligently prescribed drugs
- Obstetric malpractice
- Surgical errors
- Errors in anesthesia
- Child birth trauma and labor malpractice
- Failure to correctly interpret test results
- Failure to diagnose serious infections
Our experienced medical malpractice attorneys at Goeing Goeing and McQuinn PLLC carefully analyze medical records and work closely with top medical experts to develop persuasive claims for our clients. Medical malpractice cases are expensive to litigate and medical malpractice insurance carriers have become increasingly hesitant to settle these claims. Because of the complexity and resources needed to effectively litigate a medical malpractice claim in Kentucky, it is imperative that you work with a law firm like ours that has a proven track record of successful results in these sophisticated personal injury and wrongful death cases.
Many Medical Malpractice Victims Are Unaware They Are the Victim of Substandard Care
There are many victims of medical malpractice who are not able to precisely identify the medical error that caused injury or hastened the death of a loved one but know that something about the medical care does not seem quite right. In other cases, patients that receive substandard care have no idea that they have been the victim of medical malpractice. There is a natural tendency to trust medical professionals and presume that medical errors are unusual. However, Harvard University conducted a study that revealed that there are almost 100,000 people per year that are victims of medical malpractice but do not realize that their poor outcome is the result of substandard medical care. These unwitting victims never assert their legal rights to compensation for their injuries because they are unaware they have been victimized by a medical mistake.
Because of the complexity and cost of medical malpractice cases, it is not the case that every error or omission justifies pursuing a lawsuit for medical malpractice. Our experienced team of Kentucky medical malpractice attorneys offers a free consultation so that we can review your case and your medical records to determine if you have a viable basis to pursue a medical malpractice lawsuit.
Contact a Kentucky Medical Malpractice Attorney
If you or someone you love has been seriously injured by a Kentucky physician or other medical professional, we welcome you to contact our experienced legal team so that we can evaluate your claim and advise you of your rights and options. We are committed to seeking the best possible recovery our clients. We encourage you to schedule a FREE consultation and contact us at (859) 744-4004 or toll free at 1 (888) 595-2943 or visit our website at www.kylawpractice.com. We look forward to hearing from you and assisting you with your legal needs!
Our Kentucky medical malpractice lawyers represent clients in medical malpractice cases throughout Central and Eastern Kentucky, including Clark, Fayette, Bourbon, Madison, Powell, Estill, Scott, Wolfe, Breathitt and Montgomery Counties as well as the cities of Winchester, Lexington, Richmond, Georgetown, Mt. Sterling, Paris, Stanton, and Irvine. However, this list is not exhaustive. We frequently travel outside these areas.