When we visit the doctor’s office or another healthcare professional, we trust that they will provide us with the care and treatment needed. Unfortunately, carelessness and negligent behavior can often result in medical malpractice.
What Is Medical Malpractice?
Medical malpractice occurs when patients are harmed by the actions or inactions of a healthcare professional. Healthcare professionals have a responsibility to patients, and when they fail to act on their duty and cause harm to their patients as a result, they can be held liable.
There are various factors that need to be present for a patient to file a medical malpractice case:
- A doctor-patient relationship must exist: To file a medical malpractice case, you must prove that you had a physician-patient relationship with the doctor you are filing a claim against. For example, you must have proof that you hired the doctor and that the doctor agreed to be hired.
- The doctor acted negligently: Patients can only file a medical malpractice claim if the doctor acted negligently when performing your diagnosis or treatment. You can’t sue a doctor simply because you were unhappy with your treatment results. For example, a patient can file a claim against their doctor if the doctor failed to provide them with the standardized treatment for their illness, which later resulted in greater harm.
- The doctor’s negligence caused the injury: Medical malpractice cases can be brought forward when the doctor’s negligence resulted in injuries. Determining if the doctor’s negligence resulted in greater harm can be challenging since most patients seek medical assistance when they are already sick or injured. However, an experienced attorney can analyze your case and help you determine if you have a medical malpractice case.
- The injuries led to specific damages: When filing a medical malpractice claim, the patient will need to demonstrate that the doctor’s negligence resulted in:
- Physical pain
- Mental anguish
- Additional medical bills
- Lost wages or lost earning capacity
If you believe your doctor’s negligent behavior was the cause of your injuries or that your doctor failed to properly diagnose you, contact our team at (502) 890-9954 today to schedule a consultation!
What Are the Most Common Types of Medical Malpractice?
Medical malpractice cases occur more frequently than most people realize. It's estimated that medical errors kill roughly 200,000 patients in the U.S. each year. Yet only 15% of the personal injury lawsuits are filed annually. The most common types of medical malpractice claims fall under one of these categories:
Failure to Diagnose
A patient can file a medical malpractice lawsuit if a doctor failed to discover the patient’s illness or made a different diagnosis – a mistake that a competent doctor wouldn’t have made. The patient would have cause for a lawsuit if accurate diagnoses led to a better outcome than the one achieved.
If a doctor treats the patient in a way that no other competent doctor would have, and the treatment results in the patient’s illness worsening or causing an unrelated injury, it can lead to a medical malpractice claim.
Failure to Warn Patient of Risks
Doctors have a responsibility to warn patients of known risks when conducting medical procedures or treatments. This process is known as the duty of informed consent. If a doctor fails to do so, they can be held liable for medical malpractice.
Kentucky Medical Malpractice Attorneys
If you suffered harm or injuries because of a medical professional’s negligent behavior, you have the right to seek compensation for your loss. Our team at Charles W. Miller & Associates understands how difficult the time is after suffering harm from a medical professional; that is why we are here to help you every step of the way. Our Kentucky medical malpractice attorneys have years of experience helping those injured recover the compensation they deserve to protect their future. Let our team help you with your case from beginning to end.
Contact our Kentucky medical malpractice lawyers today at (502) 890-9954 to schedule a consultation.